Report of the Committee on the Elimination of Discrimination against
Women

Twenty-sixth session

(14 January-1 February 2002)

Twenty-seventh session

(3-21 June 2002)

Exceptional session

(5-23 August 2002)

General Assembly

Official Records

Fifty-seventh Session

Supplement No. 38 (A/57/38)

General Assembly

Official Records

Fifty-seventh Session

Supplement No. 38 (A/57/38)

United Nations • New York, 2002

Report of the Committee on the Elimination of Discrimination against
Women

Twenty-sixth session

(14 January-1 February 2002)

Twenty-seventh session

(3-21 June 2002)

Exceptional session

(5-23 August 2002)

A/57/38

ISSN

Note

Symbols of United Nations documents are composed of capital letters combined
with figures. Mention of such a symbol indicates a reference
to a United Nations
document.

The designations employed and the presentation of the material in this
document do not imply the expression of any opinion whatsoever
on the part of
the Secretariat of the United Nations concerning the legal status of any
country, territory, city or area or of its
authorities, or concerning the
delimitation of its frontiers or boundaries.

Contents

Chapter

Paragraphs

Page

Part one

Report of the Committee on the Elimination of Discrimination against Women
on its twenty-sixth session

1

Letter of transmittal

2

I. Matters brought to the attention of States parties

3

Decisions

3

II. Organizational and other matters

1–19

4

A. States parties to the Convention on the Elimination of All Forms of
Discrimination against Women

1–2

4

B. Opening of the session

3–11

4

C. Attendance

12–13

6

D. Solemn declaration

14

6

E. Adoption of the agenda and organization of work

15

6

F. Report of the pre-session working group

16–18

7

G. Organization of work

19

7

III. Report of the Chairperson on the activities undertaken between the
twenty-fifth and twenty-sixth sessions of the Committee

20–21

8

IV. Consideration of reports submitted by States parties under article 18
of the Convention

22–405

9

A. Introduction

22–23

9

B. Consideration of reports of States parties

24–405

9

1. Initial report

24–70

9

Fiji

24–70

9

2. Combined initial, second and third periodic reports

71–166

15

Estonia

71–118

15

Trinidad and Tobago

119–166

23

3. Combined second and third periodic report

167–214

29

Uruguay

167–214

29

4. Combined third and fourth period reports

215–302

35

Iceland

215–255

35

Sri Lanka

256–302

40

5. Fourth and fifth periodic reports

303–353

46

Portugal

303–353

46

6. Fifth periodic report

354–405

53

Russian Federation

354–405

53

V. Activities carried out under the Optional Protocol to the
Convention

406–407

61

VI. Ways and means of expediting the work of the Committee

408–413

65

VII. Implementation of article 21 of the Convention

414–436

68

VIII. Provisional agenda for the twenty-seventh session

437

73

IX. Adoption of the report

438

74

Part two

Report of the Committee on the Elimination of Discrimination against Women
on its twenty-seventh session

75

Letter of transmittal

76

I. Matters brought to the attention of States parties

77

Decisions

77

II. Organizational and other matters

1–16

78

A. States parties to the Convention on the Elimination of All Forms of
Discrimination against Women

1

78

B. Opening of the session

2–10

78

C. Attendance

11

79

D. Adoption of the agenda and organization of work

12

80

E. Report of the pre-session working group

13–16

80

III. Report of the Chairperson on the activities undertaken between the
twenty-sixth and twenty-seventh sessions of the Committee

17–19

81

IV. Consideration of reports submitted by States parties under article 18
of the Convention

20–355

82

A. Introduction

20–21

82

B. Consideration of reports of States parties

22–355

82

1. Combined initial and second periodic report

22–72

82

Suriname

22–72

82

2. Combined initial, second, third and fourth report

73–118

90

Saint Kitts and Nevis

73–118

90

3. Combined third and fourth periodic reports

119–261

95

Belgium

119–170

95

Tunisia

171–210

102

Zambia

211–261

107

4. Combined fourth and fifth periodic report

262–301

114

Ukraine

262–301

114

5. Fourth and fifth periodic reports

302–355

120

Denmark

302–355

120

V. Activities carried out under the Optional Protocol to the Convention on
the Elimination of All Forms of Discrimination against
Women

356–362

128

VI. Ways and means of expediting the work of the Committee

363–375

130

VII. Implementation of article 21 of the Convention

376–384

134

VIII. Provisional agenda for the exceptional session and the twenty-eighth
session

385

135

IX. Adoption of the report

386

136

Annex

Revised reporting guidelines

137

Part three

Report of the Committee on the Elimination of Discrimination against Women
on its exceptional session

143

Letter of transmittal

144

I. Introduction

145

II. Organizational and other matters

1–18

146

A. States parties to the Convention on the Elimination of All Forms of
Discrimination against Women

4–5

146

B. Opening of the session

6–12

146

C. Attendance

13–14

147

D. Adoption of the agenda and organization of work

15

147

E. Report of the pre-session working group

16–18

148

III. Report of the Chairperson on the activities undertaken between the
twenty-seventh and exceptional sessions of the Committee

19–22

149

IV. Consideration of reports submitted by States parties under article 18
of the Convention

23–506

150

A. Introduction

23–24

150

B. Consideration of reports of States parties

25–503

150

1. Second periodic reports

25–112

150

Armenia

25–69

150

Czech Republic

70–112

157

2. Third periodic report

113–162

164

Uganda

113–162

164

3. Combined third, fourth and fifth periodic reports

163–208

171

Guatemala

163–208

171

4. Fourth periodic report

209–255

177

Barbados

209–255

177

5. Combined fourth and fifth periodic reports

256–338

184

Greece

256–300

184

Hungary

301–338

189

6. Fourth and fifth periodic reports

339–409

196

Argentina

339–369

196

Yemen

370–409

200

7. Fifth periodic report

410–503

205

Mexico

410–453

205

Peru

454–502

212

V. Implementation of article 21 of the Convention

503–504

219

VI. Adoption of the report

505

219

Annexes

I. States parties to the Convention on the Elimination of All Forms of
Discrimination against Women, as at 15 September 2002

220

II. States parties which have deposited with the Secretary-General
instruments of acceptance of the amendment to article 20, paragraph
1, of the
Convention

227

III. States parties which have signed, ratified or acceded to the Optional
Protocol to the Convention

229

IV. Membership of the Committee on the Elimination of Discrimination
against Women

232

V. Revised reporting guidelines*

VI. Documents before the Committee at its twenty-sixth, twenty-seventh and
exceptional sessions

234

VII. Status of submission and consideration of reports submitted by States
parties under article 18 of the Convention on the Elimination
of All Forms of
Discrimination against Women, as at 15 September 2002

237

* Since annex V to part three duplicates the annex to part two of the
present combined report, it is not repeated here; see part
two, annex.

Part one

Report of the Committee on the Elimination

of Discrimination against Women on its

twenty-sixth session

His Excellency Mr. Kofi Annan

Secretary-General of the United Nations

New York

Letter of transmittal

2 May 2002

Sir,

I have the honour to refer to article 21 of the Convention on the
Elimination of All Forms of Discrimination against Women, according
to which the
Committee on the Elimination of Discrimination against Women, established
pursuant to the Convention, “shall,
through the Economic and Social
Council, report annually to the General Assembly of the United Nations on its
activities”.

The Committee on the Elimination of Discrimination against Women held its
twenty-sixth session from 14 January to 1 February 2002
at United Nations
Headquarters. It adopted its report on the session at the 549th meeting, on
1 February 2002. The report of the
Committee is herewith submitted to you
for transmission to the General Assembly at its fifty-seventh session.

Accept, Sir, the assurances of my highest consideration.

(Signed) Charlotte Abaka

Chairperson

Committee on the Elimination of Discrimination against Women

Chapter I

Matters brought to the attention of States parties

Decisions

Decision 26/I

Statement of solidarity with Afghan women

The Committee decided to adopt a statement of solidarity with Afghan women
(see paras. 417-421 below).

Decision 26/II

Gender and sustainable development

The Committee decided to adopt a statement on gender and sustainable
development, to be forwarded to the preparatory committee for
the World Summit
on Sustainable Development, to be held in Johannesburg, South Africa from 26
August to 4 September 2002 (see paras.
422-429 below).

Decision 26/III

Ending discrimination against older women through the Convention

The Committee decided to adopt a statement on ending discrimination against
older women through the Convention to be forwarded to
the preparatory committee
for the World Assembly on Ageing, to be held in Madrid from 8 to 12 April 2002
(see paras. 430-436 below).
It also decided, subject to the availability of
resources, to nominate one of its members to attend the World Assembly on its
behalf.

Decision 26/IV

Special session of the General Assembly on children

Recalling its decision 25/III on the special session of the General Assembly
on children, the Committee decided, subject to the availability
of resources, to
nominate one member to participate in the special session, to be held from 8 to
10 May 2002, on its behalf.

Chapter II

Organizational and other matters

A. States parties to the Convention on the Elimination of All Forms
of Discrimination against Women

1. On 1 February 2002, the closing date of the twenty-sixth session of the
Committee on the Elimination of Discrimination against
Women, there were 168
States parties to the Convention on the Elimination of All Forms of
Discrimination against Women, which was
adopted by the General Assembly in its
resolution 34/180 of 18 December 1979 and opened for signature, ratification and
accession
in New York in March 1980. In accordance with its article 27, the
Convention entered into force on 3 September 1981.

2. A list of States parties to the Convention is contained in annex I. A list
of States parties that have accepted the amendment to
article 20, paragraph 1,
of the Convention is contained in annex II. A list of States parties that have
signed, ratified or acceded
to the Optional Protocol to the Convention is
contained in annex III.

B. Opening of the session

3. The Committee held its twenty-sixth session at United Nations Headquarters
from 14 January to 1 February 2002. The Committee held
21 plenary meetings
(529th to 549th) and met as a working group of the whole in 12 meetings.

4. The session was opened by the chairperson of the Committee, Charlotte
Abaka (Ghana), who was elected at the twenty-fourth session
of the Committee, in
January 2001.

5. Addressing the Committee at its 529th meeting, on 14 January 2002, the
Assistant Secretary-General and Special Adviser to the Secretary-General
on
Gender Issues and Advancement of Women, Angela E. V. King, welcomed the two
new members of the Committee who had been nominated
by their Governments and
accepted by the Committee to complete the terms of two former members who had
resigned because of professional
commitments. The Special Adviser also
introduced Carolyn Hannan, who had recently been appointed Director of the
Division for the
Advancement of Women.

6. While noting that the period between the twenty-fifth and twenty-sixth
sessions had been marked by difficulties resulting from
the tragic events of 11
September 2001, the Special Adviser indicated that there had been several
highlights during that period.
They included the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, which had
been held
from 31 August to 8 September 2001, in Durban, South Africa. Several
members of the Committee, including the Chairperson, had participated
in the
Conference, which recognized that racism, racial discrimination and related
intolerance affected women and girls differently
than men and boys and stressed
the need to integrate a gender perspective into relevant policies, strategies
and programmes against
racism and racial discrimination. She also highlighted
the strategies recommended by the Conference to confront racism and racial
discrimination, which included the signing and ratifying of human rights and
other treaties, including the Convention and its Optional
Protocol, and their
full implementation.

7. The Special Adviser informed the Committee on developments with respect to
the situation of women and girls in Afghanistan. The
United Nations had
sponsored talks between four Afghan groups in Bonn, Germany, chaired by the
Special Representative of the Secretary-General
for Afghanistan, which had ended
on 5 December 2001 with the signing of an Agreement on Provisional Arrangements
in Afghanistan Pending
the Re-establishment of Permanent Government
Institutions. Two women had participated as full delegates in those talks and
two women
had been included in the Interim Administration, one as Minister of
Women’s Affairs and one as Minister of Health. She also
informed the
Committee that the first Integrated Mission Task Force, which had been
established to advise the Special Representative
of the Secretary-General for
Afghanistan, included three gender specialists drawn from the Division for the
Advancement of Women,
the World Food Programme (WFP) and the United Nations
Children’s Fund (UNICEF).

8. The Special Adviser drew attention to the Afghan Women’s Summit for
Democracy, held in Brussels, on 4 and 5 December 2001,
which had been organized
at the request of Afghan women by the European Women’s Lobby, Equality Now
and other groups, in collaboration
with her Office and the United Nations
Development Fund for Women (UNIFEM). The meeting, which she had attended, had
been held so
that Afghan women could identify their priorities for the future of
Afghanistan, particularly with respect to their full participation
in the peace
process, including in the context of Security Council resolution 1325 (2000) of
31 October 2000 on women, peace and
security. The Summit had concluded with the
adoption of the Brussels Proclamation, which addressed women’s demands
with respect
to the reconstruction of Afghanistan. The Convention on the
Elimination of All Forms of Discrimination against Women was one of the
human
rights instruments highlighted in the Proclamation.

9. The Special Adviser informed the Committee that she and the Division for
the Advancement of Women had taken every possible opportunity
to encourage
ratification of the Convention and its Optional Protocol, as well as acceptance
of the amendment to article 20, paragraph
1, of the Convention. Letters had been
sent to the Permanent Representatives of all States parties that had not yet
accepted the
amendment, as well as to members from States parties which had not
yet accepted the amendment, urging its acceptance. Her office
and the Division
for the Advancement of Women collaborated with the Office of Legal Affairs in
connection with that Office’s
treaty signature/ ratification event, which
took place from 19 September to 5 October 2001 and which had been directed at
achieving
universal ratification of the United Nations treaties most relevant to
the advancement of women. A significant number of ratifications
and accessions
of these treaties had been achieved during the event. The Division for the
Advancement of Women had also provided
technical support for a subregional
training workshop organized by the Secretariat of the Pacific Community, with
support from the
United Nations Development Programme (UNDP) and the Government
of the United Kingdom of Great Britain and Northern Ireland on ratification
of
the Convention.

10. The Special Adviser informed the Committee that, taking into account its
decision 25/1, the General Assembly had authorized the
Committee to hold, on an
exceptional basis, an extraordinary session of three weeks’ duration in
2002, to be used entirely
for the consideration of the reports of States parties
in order to reduce the backlog of reports. She indicated that, in considering
the matter, the Advisory Committee on Administrative and Budgetary Questions had
expressed the view that the expected elimination
of the backlog might be
temporary unless the Committee on the Elimination of Discrimination against
Women reforms its methods of
work, including its reporting procedures, and
provides guidelines concerning the length of reports from States parties. The
Advisory
Committee was also of the opinion that the Committee and the States
parties should consider adopting reporting guidelines that could
limit the
length of reports of States parties and streamline their structure and
content.

11. In closing, the Special Adviser indicated that the work of the Committee
during its current session would include consideration
of the reports of eight
States parties and continuation of the discussion of the general recommendation
of the Committee on article
4, paragraph 1, of the Convention concerning
temporary special measures aimed at accelerating de facto equality between men
and women.
She also recalled that the World Summit on Sustainable Development
would take place in Johannesburg from 26 August to 4 September
2002, and that
the Committee might wish to prepare input for that event.

C. Attendance

12. All members of the Committee attended the twenty-sixth session.

13. A list of the members of the Committee indicating the duration of their
terms of office is contained in annex IV to the final
report of the Committee
for 2002.

D. Solemn declaration

14. At the opening meeting of the twenty-sixth session, at the 529th meeting,
before assuming their functions, two members made the
solemn declaration
provided for under rule 15 of the Committee’s rules of procedure. They
were Christine Kapalata (United Republic
of Tanzania), who had been nominated by
her Government and accepted by the Committee to complete the remaining period of
the term
of Asha Rose Mtengeti-Migiro, and Fumiko Saiga (Japan), who had been
nominated by her Government and accepted by the Committee to
complete the
remaining period of the term of Chikako Taya.

E. Adoption of the agenda and organization of work

15. The Committee considered the provisional agenda and organization of work
(CEDAW/C/2002/I/1) at its 529th meeting on 14 January
2002. The agenda as
adopted was as follows:

1. Opening of the session.

2. Solemn declaration by new members of the Committee.

3. Adoption of the agenda and organization of work.

4. Report of the Chairperson on activities undertaken between the
twenty-fifth and twenty-sixth sessions of the Committee.

5. Consideration of the reports submitted by States parties under article 18
of the Convention on the Elimination of All Forms of
Discrimination against
Women.

6. Implementation of article 21 of the Convention on the Elimination of All
Forms of Discrimination against Women.

7. Ways and means of expediting the work of the Committee.

8. Provisional agenda for the twenty-seventh session.

9. Adoption of the report of the Committee on its twenty-sixth session.

F. Report of the pre-session working group

16. The pre-session working group for the twenty-sixth session of the
Committee met from 23 to 27 July 2001 to prepare lists of issues
and questions
relating to the periodic reports that would be considered by the Committee at
that session. The following members,
representing different regional groups,
participated in the Working Group: Mavivi Myakayaka-Manzini (Africa); Heisoo
Shin (Asia);
Frances Livingstone Raday (Europe); and Zelmira Regazzoli (Latin
America and the Caribbean). Ms. Zelmira Regazzoli was elected as
its
Chairperson.

17. The working group prepared lists of issues and questions relating to the
reports of five States parties, namely: Iceland, Portugal,
the Russian
Federation, Sri Lanka and Uruguay.

18. At its 531st meeting, on 16 January 2002, the Chairperson of the
pre-session working group introduced the report of the group
(CEDAW/PSWG/2002/1/CRP.1 and Add.1-5).

G. Organization of work

19. At its 529th meeting, on 14 January 2002, the Committee decided to take
up issues under agenda item 6, on implementation of article
21 of the
Convention, and agenda item 7, on ways and means of expediting the work of the
Committee, through a working group of the
whole. The issues it decided to
consider were: the general recommendation on article 4.1 of the Convention; the
draft model form
for communications prepared by the working group on the
optional protocol; human rights education; and the agenda for the inter-treaty
body meeting to be held in June 2002.

Chapter III

Report of the Chairperson on the activities undertaken between the
twenty-fifth and twenty-sixth sessions of the Committee

20. At its 529th meeting, on 14 January 2002, the Chairperson of the
Committee, Charlotte Abaka, briefed the Committee on her attendance
at the World
Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance, including her participation in
a number of important parallel
events. They included an event entitled “The Voices of
Victims — Human stories of racial
discrimination with first-hand
accounts from every region of the world”, and a round table on the
“Impact of Multiple
Forms of Discrimination on Women”, which was
organized by the Office of the United Nations High Commissioner for Human Rights
and the Division for the Advancement of Women and was chaired by the High
Commissioner for Human Rights, Mary Robinson. The Chairperson
indicated that,
during the round table, she had highlighted the Committee’s statement on
gender and racial discrimination.
The Chairperson emphasized the fact that the
Committee’s work had attracted significant interest at events during the
World
Conference.

21. The Chairperson stated that the Convention was an effective tool in
achieving sustainable human, economic, social and cultural
development. She
strongly recommended that the Committee place more emphasis on human rights
education and actively participate in
the final years of the United Nations
Decade for Human Rights Education (1995-2004). She identified gender-sensitive
human rights
education as a critical strategy to address inequalities,
injustices and abuses in the home, the workplace, the streets, courts,
prisons
and elsewhere. She stated that citizens and policy makers should learn to
understand human rights obligations and responsibilities
and that they should
learn to monitor and enforce human rights effectively and efficiently.

Chapter IV

Consideration of reports submitted by States parties under article 18 of
the Convention

A. Introduction

22. At its twenty-sixth session, the Committee considered the reports of
eight States parties submitted under article 18 of the Convention:
the initial
report of one State party; the combined initial, second and third periodic
reports of two States parties; the combined
second and third periodic report of
one State party; the combined third and fourth periodic reports of two States
parties; the third
and fourth periodic reports of one State party; and the fifth
periodic report of one State party.

23. The Committee prepared concluding comments on each of the States parties
considered. The Committee’s concluding comments,
as prepared by members of
the Committee, and a summary of the introductory presentations by the
representatives of the States parties
are provided below.

B. Consideration of reports of States parties

1. Initial report

Fiji

24. The Committee considered the initial report of the Republic of the Fiji
Islands (CEDAW/C/FJI/1) at its 530th and 531st meetings,
on 17 January 2002, and
its 538th meeting on 22 January 2002 (see CEDAW/C/SR.530, 531 and 538).

(a) Introduction by the State party

25. In introducing the report, the representative of Fiji stated that her
country believed in the spirit and the goals of the Convention
on the
Elimination of All Forms of Discrimination against Women, was committed to human
rights and took its obligation to implement
the Convention seriously. Fiji was
proud to be the first Pacific island State to report to the Committee, and
before submitting the
initial report in early 2000, had withdrawn its
reservation to article 5 (a) of the Convention.

26. The representative said that the report had been a collaborative effort
of all governmental sectors, in partnership with civil
society and
non-governmental organizations, and that Fiji had shared its experiences in the
preparation of its initial report at
the workshop conducted by the Division for
the Advancement of Women in New Zealand in 2001.

27. The representative informed the Committee that the isolation of Fiji and
her Pacific island neighbours from the rest of the world
made the country
susceptible to global economic forces and, consequently, sporadic political
upheavals, and the country’s goals
and priorities were affected by social,
economic and environmental vulnerabilities. Fiji relied on a small export base
dealing in
an open market in international trade and a sluggish economy had led
to major job losses, outward migration, a lowering of the living
standard,
increased poverty and crime. She pointed out that over half of the predominantly
highly skilled and qualified professionals
who had migrated from Fiji in recent
years had been women.

28. An attempted civilian coup d’état on 19 May 2000 had
disrupted parliamentary rule by the democratically elected Government.
General
elections had since been conducted, restoring constitutional democracy and
political stability. A total of 26 of the 353
candidates were women and 5 had
been successful. Currently, two women are cabinet ministers, two are assistant
ministers and one
is a member of the Opposition. There are three women in the
32-member Senate.

29. Poverty continued to be a growing concern, with a 1996 study revealing
that 25.5 per cent of households lived below the poverty
line. Single-headed
households accounted for 20 per cent of the poor, with one in seven being
female-headed. Means to address that
included the reconstituting of the Ministry
for Women to achieve parity with the Department of Social Welfare and the
Department
of Poverty Alleviation, thereby recognizing the linkage between
gender and poverty, which had been flagged in the 2000 Millennium
Declaration.
Fiji had recognized that the alleviation of poverty would advance women’s
rights and bring the country closer
to its goal of social equity. Thus, the 2002
government budget allocation for poverty alleviation and rural development had
increased
by $56 million.

30. Gender mainstreaming approaches were being pursued especially in the
implementation of the Women’s Plan of Action of the
Government of Fiji.
Some efforts by civil society and non-governmental organizations to provide
programmes, advocate and lobby for
women’s strategic and practical needs
were government-subsidized and complemented the Government’s efforts in
the areas
of violence against women, women in politics, women in the media,
peace-building and legal reforms. Part of the commitment of her
Government to
provide programmes for disadvantaged groups or categories of persons to achieve
equality included economic support
to promote a more equitable development for
indigenous Fijians and Rotumans. The Social Justice Act was passed in December
2001,
implementing chapter 5 of the 1997 Constitution, which required Parliament
to make provision for a framework for decisions on policy and legislation for
affirmative action.

31. The preceding two years of political crisis had made national security
the Government’s top priority. However, progress
had been made on a number
of issues, including a review of the penal code on sexual offences. Legislation
on offences against children
had been amended to address an increase in
paedophilia. Women in Fiji had followed the commercial law reform with interest,
especially
with regard to intellectual property rights, as the protection of
indigenous and cultural knowledge and property rights was of concern.

32. The representative informed the Committee of the implementation of her
Government’s commitment at the Fourth World Conference
on Women in Beijing
to campaign against violence against women. Programmes and training workshops
had been supported by the Government,
and financial support had been provided
for civil society organizations offering support and shelter to victims. The
Ministry of
Women, Social Welfare and Poverty Alleviation had formed a task
force on violence against women which was working closely with women’s
organizations and civil society on a domestic violence agenda for appropriate
legislation or remedies. It was hoped that results
would be achieved in 2002.

33. On the issue of access and participation of girls in education, the Fiji
Islands Education Commission/Panel (November 2000) had
pointed to an increase of
19.8 per cent in primary schools, and a 405 per cent increase in secondary
schools between 1970 and 1999.
Women lagged behind in science and technology,
however. Therefore, career choices in those fields for most girls and young
women
were limited. The reason for that was, inter alia, that schools
predominantly offered home economics and typing to girls and technical
drawing,
woodwork and metal work to boys, in addition to gender stereotyping in
curriculum materials. Women’s enrolment in
non-traditional fields had
increased as a result of scholarships funded by donor Governments and similar
initiatives adopted by local
institutions.

34. Women’s reproductive health was well catered for, but women’s
mental health was a neglected area. Sexually transmitted
infections had
continued to escalate, and the Ministry of Health had set a number of priority
areas, including HIV prevention, care
of and support for persons living with
HIV/AIDS and testing. The health sector had suffered, however, from the
out-migration of health
professionals.

35. The representative indicated that the work of rural women was rarely
acknowledged in national statistics and there were no figures
available for
women farmers, fisherfolk or forestry workers or rural businesswomen. Rural
women’s access to education and health
required improvement. The
Government was emphasizing development for rural areas, and the Ministry of
Women, Social Welfare and Poverty
Alleviation was making all efforts to ensure
equitable development for both rural and urban women and men.

36. Gender roles were deeply rooted in all communities in Fiji and, despite
education and changes that had occurred in traditional
gender roles,
women’s status was unequal to that of men. Changes were beginning to occur
among urban families, where both women
and men worked, but decision-making
continued to be the realm of men. Domestic violence affected most homes in Fiji,
irrespective
of social or economic status, but that had only recently become a
public issue. The breakdown of the family unit was of major concern,
with
applications for legal aid assistance in family law matters, including divorce,
maintenance and custody, having sharply increased.

37. The representative concluded by stating that Fiji’s specific
vulnerabilities underscored the need to strengthen technical
support and
assistance at the international and regional levels, as well as building
effective networks and partnerships with non-governmental
organizations, civil
society and the private sector.

(b) Concluding comments of the Committee

Introduction

38. The Committee expresses its appreciation to the State party for its
initial report which, although delayed, was informative, contained
data
disaggregated by sex and complied with the Committee’s guidelines for the
preparation of initial reports.

39. The Committee commends the State party on its delegation, headed by the
Assistant Minister of the Ministry of Women, Social Welfare
and Poverty
Alleviation.

Positive aspects

40. The Committee commends the efforts made to ensure the implementation of
the Convention through a wide range of laws, policies
and programmes, with the
support and active participation of women’s civil society organizations.
The Committee commends the
State party for preparing its initial report in
consultation with these organizations. It commends the launching of the
Women’s
Plan of Action 1999-2008, which incorporates commitments of the
Beijing Platform for Action.

41. The Committee welcomes the introduction of a specific provision on gender
equality in the Constitution of 1997, and the establishment in Fiji of the first
human rights commission in the South Pacific region. The Committee appreciates
the recognition given to public international law in interpreting the
Constitution and notes that this has helped courts to use the Convention in
judicial interpretation. The Committee commends the State party for
withdrawing
its reservations to articles 5 (a) and 9 of the Convention. It also welcomes the
extensive programme of law reforms in
critical areas in conformity with the
Constitution and the Convention and commends in particular the enactment of a
citizenship law based on article 9 of the Convention.

42. The Committee commends the State party for establishing the Ministry of
Women, Social Welfare and Poverty Alleviation and facilitating
the integration
of the central dimension of gender into social welfare and poverty reduction.
The Committee also welcomes the creation
of several institutional mechanisms,
including the National Women’s Advisory Counsel, to promote gender
equality and implement
the Women’s Plan of Action.

43. The Committee commends the efforts of the State party to strengthen
gender mainstreaming and monitoring through the gender budget
initiative, and a
gender audit project and welcomes the initiatives taken on human rights
education and gender training.

Factors and difficulties affecting the implementation of the
Convention

44. The Committee notes that stereotypical attitudes towards women’s
work and family responsibilities impede full implementation
of the
Convention.

45. The Committee recognizes that periods of political instability, ethnic
tensions, low economic growth and increasing poverty in
a period of economic
transition have impacted negatively on the State party’s efforts to
implement the Convention.

Principal areas of concern and recommendations

46. The Committee expresses concern that the Constitution of 1997 does not
contain a definition of discrimination against women. The Committee notes the
absence of effective mechanisms to
challenge discriminatory practices and
enforce the right to gender equality guaranteed by the Constitution in respect
of the actions of public officials and non-State actors. The Committee is
concerned that the Convention is not specified
in the mandate of the Human
Rights Commission, and that it is not assured funds to continue its work.

47. The Committee recommends that proposed constitutional reform should
address the need to incorporate a definition of discrimination.
The Committee
urges the State party to include a clear procedure for enforcement of
fundamental rights and enact an equal opportunities
law to cover the actions of
non-State actors. The Committee also recommends that the mandate of the Human
Rights Commission be expanded
to include the Convention, and that the Commission
be provided with adequate resources from State funds.

48. The Committee is concerned that the Social Justice Act and the
“Blue Print”, which propose affirmative action for
the indigenous
Fijian population, do not integrate a gender perspective.

49. The Committee recommends that the Social Justice Act and the
“Blue Print” be evaluated for their impact on both ethnicity
and
gender, to ensure respect for gender equality, and human rights in Fiji’s
multicultural plural society. The Committee urges
the State party to introduce
an effective monitoring mechanism to ensure that these programmes conform with
fundamental rights guaranteed
by the Constitution and the Convention’s
concept of temporary special measures, and contributes to the elimination of
discrimination against all
Fijian women.

51. The Committee recommends the introduction of temporary special
measures in accordance with article 4.1 of the Convention to increase
the
representation of women in national and local assemblies, and in decision-making
positions at all levels.

52. The Committee notes the active participation of women’s civil
society organizations, and recommends that this rich resource
continue to be
used for sustainable development and the promotion of gender equality in
Fiji.

53. The Committee recommends that the participation of women’s civil
society organizations in the Women’s Advisory Council
be strengthened, and
that the various governmental machineries work in a coordinated manner with them
in implementing the Women’s
Plan of Action 1999-2008.

54. The Committee notes that women shoulder a heavy burden of dual
responsibility at work and in the family, and that there has been
an increase in
the number of female heads of households. It is concerned that entrenched
stereotypical attitudes to women in society
and the idea of an exclusively male
head of household encourage segregation in employment and a denial of the
economic contribution
of women.

55. The Committee recommends an accelerated and broad-based programme of
human rights education and gender training which includes dissemination
of
information on the Convention, with a view to changing existing stereotypical
attitudes. It also recommends changes in laws and
administrative regulations to
recognize women as heads of households and the concept of shared economic
contribution and household
responsibilities.

56. The Committee notes with concern that women do not receive equal wages
for work of equal value and are denied equal access to
employment and promotion.
Furthermore, the working conditions of women, particularly in the tax-free
zones, contravene article 11
of the Convention. The Committee also notes with
concern that pregnancy leave is not mandatory.

57. The Committee recommends the very early adoption of the Industrial
Relations Bill and Equal Opportunity legislation and a repeal of
outdated labour
laws. Legal reforms should make pregnancy leave mandatory and deal with sexual
harassment in the workplace. The Committee
calls upon the State party to promote
the adoption of a code of ethics for investors, including in the tax-free
zones.

58. The Committee notes with concern the high incidence of ethnic and
gender-based violence against women in periods of civil unrest.
It is concerned
that, despite the State party’s positive initiatives to address
gender-based violence, there are high levels
of domestic violence and sexual
abuse of girls and women. The Committee is also concerned that the social
customs on the husband’s
right of chastisement, and “bulu
bulu”, give social legitimacy to violence. The Committee also notes that
the Evidence
Bill, which introduces reforms in procedures with respect to sexual
offences, has not been adopted.

59. The Committee requests the State party to strengthen its initiatives
to combat gender-based violence and adopt the proposed laws on
domestic violence
and sexual offences very early, prohibiting practices that legalize violence
against women. In particular, it calls
on the State party to reinforce its
“no drop” policy by prohibiting the reconciliation of cases of rape
and sexual assault
on the basis of the “bulu bulu” custom. The
Committee recommends the early passage and entry into force of the Evidence
Bill.

60. The Committee notes with concern that an increase in levels of poverty
and adverse economic conditions are undermining Fiji’s
gains in
women’s education. These conditions have led to a higher incidence of
girls dropping out of school, with connected
problems of early marriage, teenage
pregnancies and sexual exploitation.

61. The Committee recommends the introduction of targeted policies and
programmes to reduce poverty, prevent early marriage, teenage pregnancies
and
girls dropping out of school.

62. The Committee notes the gains achieved with regard to women’s
health but is concerned that women in remote islands are adversely
affected by
maternal and infant mortality. It notes that out-migration of health
professionals has led to a decline in health services,
and that cervical cancer
and circulatory diseases are a major cause of female death. The Committee also
notes with concern the growing
incidence of sexually transmitted diseases,
including HIV/AIDS.

63. The Committee recommends that priority be given to allocating
resources for improving health care services for women, including in
the remote
islands, and combating sexually transmitted diseases, including HIV/AIDS. It
encourages the State party to introduce proactive
measures and incentives to
attract local health professionals to the health services in Fiji.

64. The Committee is concerned that there is a growing problem of
prostitution due to economic hardship, and that a colonial law from
1944 which
penalizes the conduct of only women who engage in prostitution continues to be
enforced.

65. The Committee recommends an holistic and integrated programme of law
reform, and policies and programmes to facilitate reintegration,
and the
criminalization of the actions of only those who profit from the sexual
exploitation of women.

66. The Committee notes with concern that family laws in Fiji contain many
discriminatory provisions, and that restrictive divorce
laws encourage violence,
including suicide. It also notes with concern that the proposed Family Law Bill
has not been adopted.

67. The Committee urges the early adoption of the Family Law Bill and
calls for the law on family relations of all communities to be brought
into
conformity with the Constitution and the Convention.

68. The Committee urges the State party to sign and ratify the Optional
Protocol to the Convention and to deposit, as soon as possible,
its instrument
of acceptance of the amendment to article 20, paragraph 1, of the
Convention, concerning the meeting time of the Committee.

69. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report
submitted under article 18 of the Convention. It particularly requests
information on the impact of legislation, policies
and programmes.

70. The Committee requests the wide dissemination in the Republic of the
Fiji Islands of the present concluding comments in order to make
the people of
Fiji, in particular governmental administrators and politicians, aware of the
steps that have been taken to ensure
de jure and de facto equality for women and
of the further steps that are required in this regard. It requests the State
party to
continue to disseminate widely, in particular to women’s and
human rights organizations, the Convention and its Optional Protocol,
the
Committee’s general recommendations, the Beijing Declaration and Platform
for Action and the results of the twenty-third
special session of the General
Assembly, entitled “Women 2000: gender equality, development and peace in
the twenty-first century”.

2. Combined initial, second and third periodic reports

Estonia

71. The Committee considered the combined initial, second and third periodic
reports of Estonia (CEDAW/C/EST/1-3) at its 539th, 540th
and 548th meetings, on
23 and 29 January 2002 (see CEDAW/C/SR.539, 540 and 548).

(a) Introduction by the State party

72. In introducing the report, the representative indicated that the Estonian
women’s movement had begun in the 1880s when the
first women’s
organizations were established; that the Women’s Union, founded in 1907,
had spoken publicly about women’s
rights, including equal pay for equal
work, and that the first Estonian Constitution in 1920 had granted women the
right to vote. Women’s organizations became very active in the 1980s, and
after the independence
of Estonia in 1991, several new women’s
organizations were founded, and gender equality issues were readdressed in
connection
with the Fourth World Conference on Women, held at Beijing. An
inter-ministerial committee had been established in 1996 for the promotion
of
gender equality, and included in its priorities the creation and strengthening
of national structures to integrate the principle
of gender equality; the
analysis of the compliance of Estonian legislation with international standards
of gender equality; a guarantee
with regard to the availability of
gender-sensitive statistics; and the improvement of the situation of women in
the labour market
and the increase of women’s participation in
decision-making.

73. Gender equality initiatives in Estonia were promoted by numerous
foreign-funded initiatives, including through research into the
economic and
social situation of women and men, and contacts and cooperation with
women’s rights advocates, other countries,
in particular the Nordic
countries, and international and regional organizations. In 1991, Estonia
acceded to almost 30 of the most
important United Nations conventions. Owing to
the speedy ratification process and large-scale legal reforms, Estonia had faced
serious
difficulties in presenting reports on the implementation of the
conventions in a timely manner, but a number of reports had now been
submitted.
Estonia had ratified a number of conventions of the International Labour
Organization (ILO), including convention No.
100 on equal remuneration, and, as
a member of the Council of Europe, had ratified the major instruments dealing
with human rights.
In addition, as an applicant to the European Union, Estonia
had harmonized its national legislation with European acquis in the area
of labour. Since 1998, measures promoting equality between women and men had
formed part of the Government’s action
plan, and the Government’s
National Programme for the Adoption of the Acquis included sub-chapters
on equal treatment for women and men and on gender equality.

74. The representative indicated that the Estonian Constitution guaranteed
equal rights to everyone, and the rights of women had been addressed in several
Estonian laws. The draft Gender Equality
Act, which had been submitted to the
Estonian Parliament at the end of 2001, inter alia, explicitly prohibited direct
discrimination;
provided measures against indirect discrimination; and obliged
employers to promote equality between women and men. The representative
informed
the Committee that the Legal Chancellor’s Office was responsible for
supervising the activities of the State, including
the enjoyment of the
guarantee of constitutional rights and freedoms, and no petitions concerning
violations of women’s rights
had so far been filed with that office. The
Gender Equality Bureau in the Ministry of Social Affairs coordinated the
mainstreaming
of gender equality; monitored the legislative process in terms of
gender impact; and organized the preparation of national gender
promotion action
plans.

75. The representative indicated that continuous attention had been given to
increasing public awareness of gender issues and a number
of gender training
programmes had been implemented. The engagement of civil society in gender
equality matters was welcomed, and
Estonian women’s non-governmental
organizations, whose numbers had dramatically increased during the past decade,
were in the
process of consolidation, including through the formation of
regional round tables. In 2001, the Government allocated for the first
time
financial resources to support women’s round-table activities and
networking.

76. The representative indicated that, while the representation of women in
decision-making positions should be greater, positive
changes had taken place.
Gender equality had been incorporated into the platforms of several political
parties; the representation
of women in Parliament and in local authorities had
increased in the 1999 elections; and the Government that was currently being
formed would include five women ministers. Women made up approximately two
thirds of all part-time workers; there was a high degree
of horizontal and
vertical employment segregation between women and men; and women’s average
wages had been approximately one
quarter less than men’s wages. The Wages
Act guaranteed equal pay and prohibited discrimination on the grounds of sex
with
regard to remuneration, but the relatively high unemployment rate had
caused women to seek employment in the informal sector, where
they were
underpaid and lacked social security. A number of measures had been taken to
address the situation, including joint controls
and supervision visits to
companies by the Labour Inspectorate and other authorities. The National
Employment Action Plan for 2002
promoted employment creation and equal
opportunities and included as one of its components strengthening equal
opportunities for
women and men, and under the Employment Action Plan,
strategies in the period 2001-2003 would be devised to integrate gender equality
into the areas of employment and occupational life. Strengthening of the policy
to guarantee equal opportunities for women and men
was also one of the priority
activities. The representative informed the Committee about measures taken to
promote women entrepreneurs,
particularly in rural areas.

77. The representative indicated that the health of Estonian women and
children had improved significantly; information concerning
reproductive health
had become more available; and a programme on reproductive health for the period
2000-2009 had begun in 1999.
The number of abortions was still high, but it had
dropped in past years. The country was facing new problems, such as HIV/AIDS,
and preventive and educational measures had been introduced to address HIV/AIDS
and other sexually transmitted diseases. Significant
improvements in combating
violence against women had occurred, including the creation of a sociological
database of the scale and
scope of violence against women; and a large-scale
project aimed at elaborating cooperation between the police and social workers
in respect of prevention activities and assistance to victims. A government
action plan for mitigation and prevention of violence
against women was being
formulated and included as objectives convincing the public of the danger of
violence against women; improving
legislation; raising the capacity of police;
introducing a victim-centred approach; and increasing inter-agency
cooperation.

78. Rights and benefits related to raising children were now equally directed
at mothers and fathers, and the new Holidays Act, inter
alia, entitled fathers
to leave for 14 calendar days during the mother’s pregnancy and maternity
leave.

79. In closing, the representative informed the Committee that significant
progress had been made to improve the position of women
in Estonian society, but
that efforts still had to be taken to further the full-scale implementation of
the Convention. However,
the Government was committed to continuing this
work.

(b) Concluding comments of the Committee

Introduction

80. The Committee expresses its appreciation to the Government of Estonia for
submitting its initial, second and third periodic report,
and encourages the
Government to present its next report in a timely manner. The report generally
follows the guidelines of the Committee
and contains some statistical data
disaggregated by sex. The Committee also appreciates the delegation’s
willingness to engage
in a frank and constructive dialogue with the Committee.
The Committee also commends the State party’s efforts to produce,
in a
short period of time, qualitative and informative responses to the oral
questions posed by the Committee.

Positive aspects

81. The Committee notes with satisfaction that the Convention is incorporated
into Estonian law and has precedence over conflicting
national legislation, and
that de jure equality is becoming a reality in Estonia. Furthermore, the
Committee notes with appreciation
the efforts undertaken to improve the
situation of women and the achievement of gender equality, particularly
considering the recent
independence and restructuring of the country.

82. The Committee commends the State party on Estonia’s high level of
education, stressing in particular the situation of women
in higher education,
increasingly in non-traditional areas. The Committee also notes the measures
adopted to promote women entrepreneurs
and the progressive achievements in this
area.

83. The Committee also notes with appreciation the comprehensive legislation
and benefits for maternity and paternity protection,
as well as projects
addressing children’s health and the breast-feeding programmes.

84. The Committee notes with satisfaction that the State party recognizes the
important role of the increasing number of non-governmental
organizations
working on women’s issues, in particular in the rural sector and with
respect to women’s political participation.

85. The Committee commends the work undertaken in awareness-raising on
equality, pursued with public officials in ministries and government
agencies
and other social actors, and the gradually increasing role played by the media
encouraged by the State party in changing
sex-role stereotypes. It also notes
with satisfaction the efforts made by the State party to collect and disseminate
all statistical
data disaggregated by sex, as well as training provided in this
regard.

Factors and difficulties affecting the implementation of the
Convention

86. The Committee notes that the economic transition, from a centrally
planned economy to a market economy, in the last decade has
posed serious
challenges to the effective implementation of the Convention, and that the
restructuring processes have disproportionately
affected women. The Committee
also notes that the resurgence of traditional views regarding gender roles also
constitutes an obstacle
to the implementation of the Convention.

Principal areas of concern and recommendations

87. The Committee expresses its concern that, although the Constitution
recognizes that everyone is equal before the law and contains a prohibition of
discrimination on the ground of sex, Estonian law
does not contain a specific
definition of discrimination against women modelled on article 1 of the
Convention, which prohibits both
direct and indirect discrimination.

88. The Committee urges the State party to include the definition of
discrimination against women in its Constitution and national legislation. It
recommends the adoption of the draft Gender Equality Act containing provisions
to allow the adoption
of temporary special measures in accordance with article
4, paragraph 1, of the Convention. It requests the State party to provide
in its
next report relevant information on this law, as well as the remedies available
to women for redress for violations of their
rights protected under the
Constitution and the Convention.

89. While welcoming the fact that, in accordance with articles 3 and 123 of
the Constitution, the Convention is integrated into domestic legislation and
takes precedence over such legislation, the Committee is concerned that
there is
still a lack of familiarity with the Convention among the judiciary, law
enforcement agents and women themselves about the
opportunities for the
application of the Convention in domestic decision-making.

90. Acknowledging the effort already made with regard to human rights
education, including on the human rights of women, and the transparency
and
participatory nature of the law-making process, the Committee recommends a
review of law school curricula and the development
of continuing education
programmes for judges and lawyers that include the application of the Convention
at the domestic level. It
also recommends that awareness-raising campaigns
addressed to women be undertaken to allow them to avail themselves of the legal
remedies that assist them. It invites the State party to provide, in its next
report, information about complaints filed in courts
based on the Convention, as
well as about any court decisions that referred to the Convention.

91. The Committee expresses its concern that the existing national mechanism
for the advancement of women, the Gender Equality Bureau,
a sub-unit of the
Ministry of Social Affairs, although tasked with the responsibility of
mainstreaming gender equality, does not
have sufficient strength, visibility or
human and financial resources to promote effectively the advancement of women
and gender
equality. The Committee also expresses its concern about the
insufficient overall integrated policy of gender mainstreaming.

92. The Committee recommends that the State party strengthen the existing
national machinery in order to give it more visibility and effectiveness,
as
well as review its mandate to carry out effectively the mainstreaming of a
gender perspective in all policies. It also recommends
that the State party
reassess the capacity of the national machinery, provide it with adequate human
and financial resources at all
levels and foster more effective coordination
among the existing mechanisms for the advancement of women and the promotion of
gender
equality.

93. The Committee is concerned that a clear understanding of temporary
special measures according to article 4, paragraph 1, of the
Convention, as well
as the reason for their application, seems to be lacking in large parts of
Estonian society and in public administration.

94. The Committee recommends that the State party raise public awareness
about the importance of such measures in accelerating the process
of gender
equality. It also recommends that the State party introduce temporary special
measures, inter alia, in the educational,
employment, professional and political
fields, including through encouragement to pursue disciplines and areas of work
and of political
intervention in which one sex is underrepresented. Such
provisions should be designed with measurable goals, targets or quotas and
time
lines to allow their effective monitoring.

95. The Committee is concerned about the resurgence and persistence of
traditional stereotypes regarding the role of men and women
in the family, and
in society at large. The Committee is also concerned about the lack of targeted
educational programmes, mass media
campaigns and temporary special measures to
eliminate these stereotypes.

96. The Committee urges the State party to design and implement
comprehensive programmes in the educational system and to encourage the
mass
media to promote cultural changes with regard to the roles and tasks attributed
to women and men, as required by article 5 of
the Convention. It recommends that
legislation be enacted and policies adopted to cover not only the prohibition of
discrimination
against women but also of the more subtle utilization of and
support for traditional sex role stereotypes in the family, in employment,
in
politics and in society.

97. While recognizing the efforts made by the State party to combat violence
against women, especially domestic violence and the creation,
with the
collaboration of non-governmental organizations, of a database on the scope and
scale of violence in Estonia, as well as
the training of police officials and
medical workers and specialists engaged in the victim support system, the
Committee expresses
its concern about the high incidence of violence against
women and girls, including domestic violence.

98. The Committee urges the State party to place high priority on
comprehensive measures to address violence against women in the family
and in
society, and to recognize that such violence, including domestic violence,
constitutes a violation of the human rights of
women under the Convention. In
the light of its general recommendation 19 on violence against women, the
Committee calls upon the
State party to ensure that such violence constitutes a
crime punishable under criminal law, that it is prosecuted and punished with
the
required severity and speed, and that women victims of violence have immediate
means of redress and protection. It recommends
that measures be taken to ensure
that public officials, especially law enforcement officials, the judiciary, the
medical profession
and social workers, are fully sensitized to all forms of
violence against women. The Committee invites the State party to undertake
awareness-raising measures, including a campaign of zero tolerance, to make such
violence socially and morally unacceptable. It recommends
the introduction of a
specific law prohibiting domestic violence against women, which would provide
for protection and exclusion
orders and access to legal aid. The Committee also
urges the State party to amend the Criminal Code in order explicitly to define
the offence of rape as sexual intercourse without consent.

99. The Committee notes with concern that sexual intercourse with a girl only
up to 14 years of age is considered to be rape, and
Estonian law permits the
marriage of a girl between the ages of 15 and 18 in exceptional circumstances,
such as pregnancy.

100. The Committee recommends that the State party amends its law on
statutory rape and bring its law on early marriage into conformity
with article
16, paragraph 2, of the Convention, and its own policies on the reproductive
health of women and girls. It urges the
State party to develop preventive
welfare programmes to address the problem of teenage pregnancy.

101. Recognizing the efforts made by the State party to address the issue of
trafficking of women and girls, the Committee notes with
concern that the size
of the problem is not reflected in the information provided. It also notes with
concern that there is still
not enough information on the subject or a
comprehensive policy to address the problem, nor is there any distinct
legislation regarding
trafficking in women and the punishment of traffickers.

102. Welcoming the campaign against trafficking in women to be carried out
in 2002, the Committee urges the State party to include in its
next report more
information and data on this situation and on progress made in that area. It
urges the State party to adopt and
implement distinct legislation on trafficking
and that it increase its collaboration with other countries of origin, transit
and
destination of trafficked women and girls and to report on the results of
such collaboration. It also recommends the creation of
social support and
reintegration programmes for victims of prostitution and trafficking.

103. While welcoming the information that the new Government will have 5
women ministers out of 14 Cabinet posts, including in portfolios
traditionally
held by men, the Committee expresses its concern at the low representation of
women in decision-making bodies in the
various areas and levels of political and
public life.

104. The Committee recommends that the State party utilize temporary
special measures in accordance with article 4.1 of the Convention
to increase
the number of women in decision-making levels in governmental bodies, and
State-owned enterprises. It also recommends
that the State party strengthen its
efforts in offering or supporting special training programmes for current and
future women leaders
and conduct, on a regular basis, awareness-raising
campaigns regarding the importance of women’s participation in political
decision-making.

105. While noting with appreciation the high level of education among women,
the Committee expresses its concern at the continuing
gender disparities
regarding the educational options of boys and girls, as well as the fact that
this high level of education does
not result in the elimination of the wage
differential between men and women, in particular the gap between female- and
male-dominated
sectors of employment. It also expresses concern at the indirect
discrimination in the recruitment, promotion and dismissal of women.

106. The Committee encourages the State party to analyse the lack of
correlation between the high level of educational attainments of women
and their
income levels. It recommends the introduction of measures, including through the
use of temporary special measures, to
accelerate the representation of women at
all levels of decision-making in educational institutions and economic life. It
urges the
State party to continue to review and reform the curricula and
textbooks in order to combat the traditional attitudes towards women
and to help
to create an enabling environment for promoting women’s presence in
high-level and well-paid positions.

107. The Committee notes with concern that the position of women in the
labour market is characterized by discrimination and by a
strong occupational
segregation with a concomitant wage differential. The Committee is also
concerned at the situation of young women
who face additional difficulties in
the labour market owing to the domestic and family responsibilities assigned to
them, placing
them in a vulnerable position and leading to a higher incidence in
part-time or temporary work among them.

108. The Committee recommends that efforts be made to eliminate
occupational segregation through the adoption of the new Employment Contracts
Act under preparation, as well as through efforts in education, training and
retraining. There should be additional wage increases in
female-dominated
sectors of public employment to decrease the wage differential in comparison
with male-dominated sectors. The Committee
requests information in the next
report on the implementation of the amendments to the Wages Act, which
guarantees equal pay for
equal work or work of equal value. It also recommends
that effective measures allowing for the reconciliation between family and
professional responsibilities be envisaged and that the sharing of domestic and
family tasks between women and men be encouraged.

109. The Committee is concerned at the increase of poverty among various
groups of women, in particular of those who are heads of
household and those
with small children.

110. The Committee recommends that the State party closely monitor the
poverty situation of women within the most vulnerable groups and
implement
effective poverty alleviation programmes, taking into consideration the gender
aspects of poverty.

111. While recognizing some improvements in the area of health, after a
deterioration of the situation in the years following independence,
the
Committee is concerned with the increase of tuberculosis, sexually transmitted
diseases and HIV, as well as with high suicide
rates among women. The Committee
notes with concern the high rate of abortion among women and the significance of
this fact with
regard to effective access to family planning methods, including
contraceptives, especially among women in rural areas and low incomes.

112. The Committee draws attention to its general recommendation 24 on
women and health and recommends that comprehensive research be undertaken
into
the specific health needs of women, including reproductive health, the financial
and organizational strengthening of family
planning programmes addressed to
women and men and the provision of wide access to contraceptives for all women.
The Committee urges
the State party to reinforce programmes on sexual education
for both girls and boys in order to foster responsible sexual behaviour.
It also
recommends that structures be established aimed at addressing the mental health
problems faced by women, as well as those
areas where negative developments have
occurred.

113. The Committee expresses its concern that the report does not contain
sufficient information on the situation of rural women,
including older rural
women, including with regard to their cash income, social security, access to
free health-care services and
social and cultural opportunities. It also
expresses concern at the situation of women spouses in family business, whose
work is
not reflected in official statistics.

114. The Committee requests the State party to provide more information
and data on the situation of rural women in its next periodic report.
The
Committee recommends that the State party monitor existing programmes and
develop comprehensive policies and programmes aimed
at the economic empowerment
of rural women, ensuring their access to training, productive resources and
capital, as well as to health-care
services, social security and to social and
cultural opportunities.

115. The Committee urges the State party to accept the amendment to
article 20, paragraph 1, of the Convention, concerning the meeting
time of the
Committee.

116. The Committee also urges the State party to ratify the Optional
Protocol to the Convention.

117. The Committee requests that the State party respond in its next
periodic report to the specific issues raised in these concluding
comments. It
also requests that the report address the general recommendations of the
Committee and provide information on the impact
of legislation, policies and
programmes to implement the Convention.

118. The Committee requests the State party to disseminate widely the
present concluding comments in Estonia and to support their public
discussion,
in order to make politicians and government administrators, women’s
non-governmental organizations and the public
at large aware of the steps
required to ensure de jure and de facto equality for women. It also requests the
State party to continue
to disseminate widely, in particular to women’s
and human rights organizations, the Convention and its Optional Protocol, the
Committee’s general recommendations, the Beijing Declaration and Platform
for Action and the results of the twenty-third special
session of the General
Assembly, entitled “Women 2000: gender equality, development and peace for
the twenty-first century”.

Trinidad and Tobago

119. The Committee considered the combined initial, second and third periodic
report of Trinidad and Tobago (CEDAW/C/TTO/1-3) at its
536th and 537th meetings,
on 21 January, and its 547th meeting on 29 January 2002 (see CEDAW/C/SR.536, 537
and 547).

(a) Introduction by the State party

120. In introducing the combined initial, second and third report, the
representative of Trinidad and Tobago regretted that, despite
its efforts, the
Government had fallen behind in its reporting obligations under article 18 of
the Convention and had not submitted
its report until January 2001.

121. A significant reason for the delay in submitting the report had been
that no mechanism existed to deal with reporting under international
human
rights treaties and insufficient resources had been allocated for that purpose.
In 1999, a Human Rights Unit was created within
the Ministry of the
Attorney-General for the preparation of reports required under international
instruments. In order to assist
the Unit, a Human Rights Committee, comprising
representatives of some 13 ministries of the Government and one representative
from
the Tobago House of Assembly, had been established.

122. Upon the completion of the report, the Attorney-General tabled it before
Parliament, outlining its content and the significance
of the Convention. The
report had been widely distributed, including to Government ministries,
secondary schools, non-governmental
and community-based organizations,
international human rights organizations and public libraries.

123. By its accession to the Convention on the Elimination of All Forms of
Discrimination against Women, the Government of Trinidad
and Tobago had
expressed its commitment to the global struggle to eliminate discrimination
faced by women and to the promotion of
their enjoyment of civil, political,
economic, social and cultural rights. Encouraged by the review of its
implementation by the
General Assembly in 2000, the Government had also pledged
itself to implement the actions identified in the Beijing Platform for
Action.
Non-governmental and community-based women’s organizations assisted the
Government in the implementation of the Convention.
The Ministry of Community
Development and Gender Affairs sought to address all forms of gender inequality
and inequity through its
Gender Affairs Division.

124. The representative indicated that the Constitution of Trinidad and
Tobago explicitly prohibited discrimination on the ground of sex and enshrined
equality and the protection of the
law. Equal opportunity legislation to
prohibit discrimination on the grounds of sex, colour, race, ethnicity, origin,
religion, marital
status or disability in the fields of employment, education,
the provision of goods and services and accommodation had been passed
and would
enter into force following the appointment of the Equal Opportunity Commission
and Tribunal. Legislation preventing employers
from discriminating against
female employees on account of pregnancy had been passed. The Cohabitational
Relationships Act, regulating
the rights of cohabiting couples, had entered into
force in 1998.

125. Gender-based violence, including sexual attacks on women and young
girls, was pervasive and had long been a matter of grave concern
for the
Government. Between 1990 and 1996, 39 domestic violence-related murders had been
committed in the country. A comprehensive
programme against domestic violence
had been launched, the components of which included the establishment of a
24-hour national domestic
violence hotline, a Domestic Violence Unit within the
Gender Affairs Division, a male support programme and 19 community-based drop-in
information centres. A Community Policing Section had been established within
the police service; and the Government was developing
a national policy on
domestic violence.

126. In 1999, the Domestic Violence Act 1991 had been repealed and replaced
with legislation reflecting international standards, while
the Legal Aid and
Advice Act had been amended to allow more people, including women victims of
domestic violence, to qualify for
legal aid. The law relating to sexual offences
had been amended to increase penalties for such offences and to penalize all
forms
of sexual violation, including rape and sexual assault within marriage.
Progress had also been made in the implementation of legislation,
in particular
legal reforms implementing the provisions of the United Nations Convention on
the Rights of the Child, to protect and
promote the rights of children. A
national survey, completed in June 1997, indicated that some children and
adolescents were involved
in prostitution and pornography, but there was no
evidence of the sale of children.

127. Women had limited economic power and predominated in the lowest paid and
least protected employment sectors. Women continued
to be underrepresented in
positions of power and decision-making. Especially in the private sector, few
women have been able to ascend
to the very top occupational levels and, despite
their educational qualifications, women continue to be underpaid in every sector
of employment, except when employed by the State. A “Women’s
Leadership Enhancement Institute” within the Gender
Affairs Division, and
a “Women’s Second Chance Programme” had been introduced to
address that problem. In 1996,
Trinidad and Tobago became the first country in
the world to enact a Counting of Unremunerated Work Act to ensure that the
unremunerated
work of women is recorded and calculated. It had also enacted a
Minimum Wage Act to provide all workers with a minimum level of pay
by
establishing a single economywide minimum wage.

128. Poverty was more widespread among single parent female-headed households
and those headed by women who had received limited education.
The Government was
committed to improving the standard of living of poor women and their families
by increasing their access to capital,
resources, credit, land, technology,
information, technical assistance and training. The Government, as part of its
commitment to
provide free secondary education for all students, had undertaken
two pilot projects to train women in non-traditional areas, including
masonry,
plumbing, technical drawing and electrical installation.

129. In order to address gender stereotyping, a task force had been convened
to review the educational curriculum for primary schools
and another would be
established to review the curriculum of secondary schools. A “dollar for
dollar” programme, allowing
every citizen to pursue the equivalent of an
Associate or Bachelor’s degree at half the cost of the programme, had been
implemented
to expand access to tertiary education.

130. The Government was committed to ensuring that women enjoyed the highest
attainable standards of physical and mental health and
well-being throughout
their lives. The provision of accessible and affordable primary and secondary
health care, including sexual
and reproductive health care, were among the
Government’s priorities.

131. In concluding, the representative highlighted the efforts of the
Women’s Leadership and Enhancement Institute of the Division
of Gender
Affairs to increase the participation of women in politics, which had included
the holding of a regional conference held
in July 2001. Female Ministers in the
Government now included the Attorney-General, the Minister of Community
Development and Gender
Affairs, the Minister of Social Development and the
Minister of Education. Although those developments were promising, the
representative
indicated that the Government recognized that more work was
needed to increase the participation of women in politics and in Parliament.

(b) Concluding comments of the Committee

Introduction

132. The Committee commends the State party on its report, which, although
presented with some delay, complied with the Committee’s
guidelines.

133. The Committee commends the State party on the open and frank
presentation of the delegation and the detailed responses to the
oral questions
posed by the Committee.

Positive aspects

134. The Committee particularly welcomes the creation of a Human Rights Unit
within the Ministry of the Attorney-General to strengthen
Trinidad and
Tobago’s capacity to report to international human rights treaty bodies.
It encourages the State party to continue
its efforts to fulfil its
international reporting obligations.

135. The Committee also welcomes the recognition given by the State party to
the role played by a number of active non-governmental
organizations and
community-based women’s organizations in the country, which assist the
State party in its efforts to eliminate
all forms of discrimination against
women.

136. The Committee notes with appreciation the extensive law reform initiated
in Trinidad and Tobago since independence and appreciates
the efforts made to
repeal or amend legal provisions which discriminate against women. The Committee
welcomes, in particular, the
Counting of Unremunerated Work Act of 1996. The
Committee notes with satisfaction that, since the repeal in 2000 of sections 5
(1)
and 5 (3) of the Sexual Offences Act No. 27 of 1986, marital rape is a
criminal offence in Trinidad and Tobago.

137. The Committee commends the State party for its comprehensive programme
to combat domestic violence through such initiatives as
a 24-hour hotline, the
establishment of a Domestic Violence Unit within the Gender Affairs Division, a
male support programme and
community-based drop-in information centres. The
Committee commends the State party for steps to provide emergency legal aid, in
particular in cases of domestic violence.

Factors and difficulties affecting the implementation of the
Convention

138. The Committee notes that the entrenched stereotypical attitudes with
regard to the role of women and men and the persistence
of gender-based violence
within the society constitute obstacles to the full implementation of the
Convention.

Principal areas of concern and recommendations

139. The Committee is concerned that the Convention has not been incorporated
into domestic legislation. The Committee regrets, in
particular, that article 1
of the Convention which defines “discrimination against women” is
not part of the legislation
of the State party.

140. The Committee recommends that the State party give consideration to
the incorporation of the Convention into domestic law. It points
particularly to
the importance of the incorporation of article 1 of the Convention. The
Committee requests that the State party report
on progress made in this regard
in its next periodic report, including information on whether the Convention has
been invoked before
domestic courts.

141. The Committee notes with concern that, despite provisions in the
Constitution, laws exist in the State party which may allow for discrimination
against women.

142. The Committee recommends that an inventory be made of the laws that
discriminate against women, with a view to their revision, amendment
or
repeal.

143. The Committee is concerned that the apparent lack of coordination among
government bodies tasked with the oversight of gender
issues and a failure to
allocate responsibility for activities may compromise gender mainstreaming
activities and that national women’s
machinery may be affected adversely
by limited human and financial resources.

144. The Committee encourages gender mainstreaming in all government
ministries, as well as the creation of an impact assessment of these
efforts. It
recommends that the State party clearly define the mandates of the various
committees and councils concerned with gender
issues and the level of
interaction among them. The Committee encourages the State party to continue its
process of restructuring
the national machinery and to allocate the necessary
human and financial resources to ensure effective implementation of governmental
policies and programmes related to gender equality. It also encourages gender
mainstreaming in all ministries.

146. The Committee urges the State party to place a high priority on
measures to address violence against women in the family and in society
in
accordance with the Committee’s general recommendation 19 and the
Declaration on the Elimination of Violence against Women.
The Committee
recommends that the State party introduce further measures to raise public
awareness about violence against women and
urges the State party to strengthen
its activities and programmes to focus on sexual violence, incest and
prostitution.

147. The Committee is concerned about the entrenched stereotypical attitudes
and behaviour with regard to the roles of women and men
in the family and in
society which tend to reinforce women’s inferior status in many sectors of
public life.

148. The Committee recommends that the State party take urgent measures to
overcome traditional stereotypes regarding the role of women
and men in society.
The Committee emphasizes that a policy of gender equality in compliance with the
Convention will require the
reconceptualization of the role of women in society
from that of mother and wife, exclusively responsible for children and the
family,
to that of individual person and actor in society.

149. The Committee is concerned about women’s underrepresentation in
politics and economic leadership. It is concerned that
factors impeding
women’s participation in these areas include stereotypical attitudes,
women’s disproportionate share
of household and family responsibilities,
as well as structural and cultural barriers, such as the lack of maternity leave
for women
parliamentarians, which reinforce the idea that politics is a male
sphere.

150. The Committee recommends the introduction of strategies to increase
the number of women in decision-making bodies at all levels and
in all areas. To
this end, the Committee recommends that the State party utilize temporary
special measures in accordance with article
4, paragraph 1, of the Convention to
increase the number of women in decision-making levels in government,
governmental bodies, public
administration and State-owned enterprises. It also
recommends that the State party strengthen its efforts to organize special
training
programmes for women and to conduct on a regular basis,
awareness-raising campaigns in this regard.

151. The Committee is concerned that, despite high educational
qualifications, women continue to be underpaid in every sector of employment,
except the State employment sector. It is also concerned about the consequences
of gender stereotyping in curricula and the impact
of the fact that girls take
traditional “female” courses and boys traditional “male”
courses on women’s
employment options and income. The Committee is also
concerned about the lack of specific legislation prohibiting sexual harassment
in the workplace and providing a remedy for victims of sexual harassment.

152. The Committee encourages the State party to analyse the lack of
correlation between the high level of education attained by women
and their
income levels; it urges the State party to implement curriculum reform and the
revision of textbooks in order to combat
traditional attitudes towards women and
to help to create an enabling environment for women’s presence in
high-level and well-paid
positions. It also recommends that the State party
avail itself of existing research and practice with regard to equal pay for work
of equal and comparable value in order to overcome inequality in pay. The
Committee further recommends that sexual harassment in
the workplace, including
in the private sector, should be penalized, and remedies provided for those
affected.

153. The Committee is concerned that, although domestic workers are entitled
to a minimum wage under the new Minimum Wage Order, they
are not included within
the definition of “worker” in the Industrial Relations Act.

154. The Committee calls upon the State party to bring domestic workers
within the definition of “worker” in the Industrial
Relations
Act.

155. The Committee is concerned at the high incidence of poverty among
various groups of women, in particular female heads of households.
The Committee
recognizes that women-headed households have been negatively affected by
structural adjustment programmes and the changing
global situation.

156. The Committee requests the State party to provide additional
information on the programmes and projects that have been implemented
to combat
the negative impact of structural adjustment programmes on women, and in
particular households headed by women, and to
ensure that governmental policies
to eradicate poverty are continuous, incorporate a gender perspective and do not
marginalize women.

157. The Committee is concerned that child marriages are sanctioned under
several of the legal regimes regulating marriage. The Committee
notes that such
marriages are prohibited by article 16, paragraph 2, of the Convention, and that
such marriages have serious consequences
for girls, including with regard to
health. The Committee is concerned about the high rate of teenage pregnancy and
its consequences
for girls’ enjoyment of the rights guaranteed by the
Convention, in particular in the sphere of education.

158. The Committee urges the State party to ensure that all its minimum
age of marriage laws and other programmes to prevent early marriage
are in line
with the obligations of the Convention. The Committee also recommends that
Trinidad and Tobago introduce appropriate
policies and programmes for sex
education and family planning education.

159. The Committee is concerned that family planning programmes appear to be
aimed only at women and there is limited emphasis on
male responsibility in this
regard.

160. The Committee recommends the introduction of programmes to encourage
men to take part in family planning responsibilities.

161. The Committee is concerned at the absence of details on any public
policy for rural women, including in respect to employment
and health. It is
particularly concerned about the situation of older women in rural areas.

162. The Committee urges the State party to include in its next report
more information and data on the situation of rural women, and of
older rural
women in particular, and on any policy aimed at their economic empowerment as
well as their access to employment and
health-care services.

163. The Committee requests the State party to respond in its next
periodic report to the specific issues raised in the present concluding
comments. It also requests the State party to provide in its next report an
assessment of the impact of measures taken to implement
the Convention.

164. The Committee urges the State party to accept the amendment to
article 20, paragraph 1, of the Convention, concerning the meeting
time of the
Committee.

165. The Committee also urges the State party to sign and ratify the
Optional Protocol to the Convention.

166. The Committee requests the wide dissemination in Trinidad and Tobago
of the present concluding comments in order to make the people
of Trinidad and
Tobago, in particular governmental administrators and politicians, aware of the
steps that have been taken with regard
to de jure and de facto equality for
women and of the future steps that are required in that regard. It requests the
State party
to continue to disseminate widely, and in particular to
women’s and human rights organizations, the Convention and its Optional
Protocol, the general recommendations of the Committee, the Beijing Declaration
and Platform for Action and the results of the twenty-third
special session of
the General Assembly, entitled “Women 2000: gender equality, development
and peace for the twenty-first
century”.

3. Combined second and third periodic report

Uruguay

167. The Committee considered the combined second and third periodic report
of Uruguay (CEDAW/C/URY/2-3) at its 541st and 542nd meetings,
on 24 January 2002
(see CEDAW/C/SR.541 and 542).

(a) Introduction by the State party

168. In introducing the periodic report, the representative of Uruguay noted
that while her country’s authorities had intended
to send a representative
with direct expertise in the gender area, that had regrettably not been
possible, owing to budget cuts made
as a result of the economic and financial
problems that the country had recently experienced.

169. The representative went on to explain that, during the period between
her country’s submission of its initial report in
1985 and the present,
there had been a steady evolution, and progress of various kinds had been made
in the effective implementation
of women’s rights.

170. At the governmental level, progress had been made in several areas,
including the establishment of the National Institute for
Family and
Women’s Affairs, the Commission on Women’s Rights in support of the
Institute’s activities, the Tripartite
Commission on Equal Opportunities
and Treatment in Employment and the Interministerial Commission responsible for
designing and implementing
policies to reduce domestic violence, as well as the
enactment of supplementary norms relating to women workers in the public and
private sectors who are pregnant or breastfeeding and the prohibition against
their dismissal and, lastly, the implementation of
various actions to improve
health education, programmes to control teenage pregnancy, programmes on
sexually transmitted diseases
and acquired immunodeficiency syndrome (AIDS), and
cancer prevention programmes.

171. The representative also stated that in recent years there had been
various parliamentary initiatives to promote women’s
rights, such as the
establishment of the Commission on Women’s Human Rights and the Commission
on Gender and Equity.

172. The representative mentioned, in particular, the initiatives carried out
by the Municipal Administration of Montevideo, which
had, inter alia,
established a Commission on Women to deal specifically with all questions
relating to women; that had been the starting-point
for similar actions in other
municipal administrations throughout the country.

173. The representative also noted that while there had been issues on which
final answers had not yet been reached, very intense
debates had been opened up
that would undoubtedly culminate in specific advances; among those issues were
the establishment of the
post of Ombudsman or Public Defender, and abortion, on
which there were a number of initiatives that legislators were considering.

174. The representative pointed to a number of advances in the international
arena, including the ratification of legal instruments,
such as the
Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Women, in 1996, and the Optional
Protocol to the Convention on
the Elimination of All Forms of Discrimination against Women, in 2001.

175. The representative said it was regrettable that the progress cited had
been insufficient, as various obstacles, particularly
scarce resources, had
slowed the implementation of the actions envisaged. For that reason, action by
international organizations,
such as international and national non-governmental
organizations (NGOs), was of major importance, particularly on all issues
relating
to women; many of the advances made would not have been secured without
their effective efforts. The representative also mentioned
the actions carried
out in the domestic violence area, with regard to both the national telephone
service and shelters for victims,
and the NGO studies, research and analyses
which had yielded concrete data essential to diagnosing certain situations
(ethnic minorities),
thereby making it easier to resolve them and facilitating
the Government’s task.

176. Lastly, the representative stated that, while much remained to be done,
there were ever greater efforts to make equal rights
for women a reality, not
only in the legislative area but also in practice.

(b) Concluding comments of the Committee

Introduction

177. The Committee expresses its appreciation to the Government of Uruguay on
its second and third periodic report, while regretting
the fact that the report
was submitted with some delay and does not comply with the Committee’s
guidelines.

178. The Committee, while thanking the Deputy Permanent Representative for
her oral presentation, regrets the descriptive and general
nature of both the
report and the discussion, as a result of which the Committee has not been
afforded a complete picture of the
legal and social status of women in Uruguay,
or of the progress made in the implementation of the Convention since the
country prepared
its initial report, considered in 1985.

Positive aspects

179. The Committee commends the State party on its prompt ratification of the
Optional Protocol to the Convention.

180. The Committee takes note of the fact that the Constitution guarantees
the protection of the rights of women and men, as individuals and as groups, and
that reference is made in particular
to the right of amparo.

181. The Committee notes with satisfaction that a significant number of
Uruguayan women are highly educated and have a high rate of
participation in the
labour market.

182. The Committee notes the importance of the National Programme for Women
to promote actions to improve the status of women. The
Committee acknowledges
the efforts of the State party to implement the Convention by initiating various
programmes.

183. The Committee notes with satisfaction that the Citizen Security Act
defines domestic violence as a distinct offence.

184. The Committee commends the State party on its initiative to encourage
the participation of women’s non-governmental organizations
in programmes
for the implementation of the Convention.

Factors and difficulties affecting the implementation of the
Convention

185. The Committee notes that deep-rooted, stereotypical attitudes concerning
the roles of men and women constitute an obstacle to
the full implementation of
the Convention.

Principal areas of concern and recommendations

186. The Committee is concerned that, despite the existence of Act 16,045 of
June 1989, which prohibits discrimination on grounds
of sex, the Convention has
not been incorporated into domestic legislation. In particular, it regrets that
article 1 of the Convention,
which defines “discrimination against
women” is not part of Uruguayan legislation.

187. The Committee recommends that the State party give further
consideration to the incorporation of the Convention into domestic legislation.
It points particularly to the importance of the incorporation of article 1 of
the Convention and requests that the State party report
on progress made in this
regard in its next periodic report, including information on whether the
Convention has been invoked before
domestic courts.

188. The Committee expresses concern that Uruguayan women make little use of
existing judicial remedies for the protection and enjoyment
of their rights,
including the remedy of amparo.

189. The Committee requests the State party to include more information in
its next periodic report on mechanisms and procedures available
to women for the
protection and promotion of their rights.

190. The Committee expresses its concern that the National Institute for
Family and Women’s Affairs, as a national mechanism
for the advancement of
women, has no real power to initiate and implement regulatory measures designed
to eliminate discrimination
against women. The Committee is concerned that the
national mechanism may have inadequate financial and human resources.

191. The Committee recommends that the State party clearly define the
mandates of the various institutions and commissions and the level
of
interaction between them. The Committee encourages the State party to allocate
the national machinery to the human and financial
resources required to ensure
the effective implementation of governmental policies and programmes for gender
equality. It also encourages
the State party to mainstream a gender perspective
within all the ministries, and to establish mechanisms for assessing its
impact.

192. The Committee expresses concern at the continuing existence of
stereotypes relating to the role of women in the family and society,
and at
deep-rooted attitudes and conduct based on the assumed superiority of men in the
public and private spheres. It is a matter
of concern to the Committee that the
State party attaches little importance to this problem and thus encourages the
persistence of
such stereotypes, which are an obstacle to the implementation of
the Convention.

193. The Committee urges the State party to adopt measures to eliminate
social stereotypes in Uruguay. It urges the State party to concentrate
on
increasing women’s participation in all areas, particularly
decision-making, and on prevailing on men to share family responsibilities.
It
urges the State party to strengthen its awareness-raising programmes, and to
take action to change stereotyped attitudes and perceptions
as to men’s
and women’s roles and responsibilities.

194. The Committee expresses concern that, despite the efforts made, a
comprehensive approach is not being taken towards the prevention
and elimination
of violence against women, particularly as regards domestic violence, crimes of
honour and the punishment of offenders.
The Committee notes that despite the
legislative action taken under the Citizen Security Act, violence against women,
particularly
domestic violence, remains a serious problem in Uruguay.

195. Recalling its general recommendation 19 on violence against women the
Committee urges the State party to assess the impact of the
current legal,
policy and programmatic measures to deal with the various forms of violence
against women, as well as to adopt a specific
domestic violence act,
incorporating measures for prevention, punishment of offenders and protection of
victims. Bearing in mind
that account must be taken of the underlying causes of
violence against women, and domestic violence should be investigated with
a view
to enhancing the effectiveness of legislation, policies and programmes to combat
it, the Committee also recommends that the
State party continue the training and
awareness-raising programmes for judicial personnel, law enforcement officials
and members
of the legal and health professions, as well as awareness-raising
measures to ensure that society will not tolerate any form of violence
against
women. The Committee encourages the State party to strengthen its collaboration
with civil society and non-governmental organizations
with respect to violence
against women. It also recommends the allocation of funding commensurate with
the high priority that efforts
to combating such violence should have.

196. The Committee expresses concern that the Penal Code still contains
several provisions that discriminate against women. The Committee
is concerned
at article 116 which provides for mitigation of sentence where a rapist marries
his victim. It is also concerned at
article 328, which provides that
“protecting the honour of the perpetrator, the spouse and a close
relative” may be a
factor mitigating sentence in cases of induced
abortion.

197. The Committee calls on the State party to give priority to the repeal
of these articles of the Penal Code so as to bring the Code
into line with the
Convention on the Elimination of All Forms of Discrimination against Women and
its general recommendations, in
particular 19 on violence against women, and 24
on article 12 — women and health.

198. The Committee notes that although Uruguayan women are highly educated
and have a high rate of labour-market participation, this
is not reflected in
their employment status and conditions, particularly with respect to
private-sector pay. Furthermore, the Committee
is concerned at the high
proportion of women in the service sector, especially personal services, an area
in which pay is traditionally
low.

199. The Committee recommends that both in the public and in the private
sector the State party endeavour to ensure strict compliance with
labour
legislation, and take action to eliminate discrimination in employment and with
respect to pensions and private-sector pay,
as well as promoting participation
by women in sectors traditionally regarded as male.

200. The Committee is concerned at the low participation of women in politics
and government administration, particularly as regards
decision-making.

201. The Committee urges the State party to take appropriate action and
implement broad strategies, including temporary special measures
under article
4, paragraph 1, of the Convention, with a view to promoting greater
participation by women in public life, particularly
decision-making and
promoting changes in attitudes and perceptions, held by both women and men, as
regards their respective roles
in the household, the family, at work and in
society as a whole. In particular, the Committee recommends that the State party
take
account of general recommendations 21 concerning equality in marriage and
family relations, and 23 concerning women in public life,
that it should
strengthen and step up action to promote awareness of the importance of the
role, activities and many contributions
of women in the community and in the
family, and that it should in general promote equality of men and women with
respect to rights
and opportunities.

202. The Committee notes with concern the high pregnancy rates among
adolescents, and that young adolescents make up a high proportion
of this group.
It also notes the high rate of deaths related to abortion among adolescents.

203. The Committee recommends that the State party examine the situation
of adolescents as a matter of priority, and urges it to take action
to ensure
that effective reproductive and sexual health services are provided and that due
attention is paid to the information requirements
of adolescents, including
through programmes and policies to provide information on the different kinds of
contraceptives available
and how they are to be obtained, on the basis of the
principle that family planning is the responsibility of both the man and the
woman. The Committee requests the State party to include information on the
impact of programmes to reduce and prevent pregnancy
among adolescents in its
next periodic report.

204. The Committee expresses concern that the Civil Code still contains
provisions, including those with respect to early marriage,
that discriminate
against women.

205. The Committee urges the State party to actively promote the
elimination of discriminatory legal provisions that still exist, particularly
in
the Civil Code in matters relating to the family, and to bring Uruguayan
legislation into line with the Convention, including
article 16.2 relating to
minimum age for marriage.

206. The Committee is concerned that there is limited awareness, including
among legal and law enforcement personnel, of the provisions
of the Convention
and the procedures available under its Optional Protocol.

207. The Committee recommends that educational programmes on the
Convention, the Optional Protocol and women’s rights be introduced,
in
particular for the judiciary, law enforcement officials and lawyers. The
Committee also recommends that steps be taken to increase
the number of women
occupying high positions in the judiciary and law enforcement agencies.

208. The Committee is concerned that the report does not contain information
on the situation of minorities in the State party, and
in particular, that of
black women.

209. The Committee requests the State party to include information on the
situation of minority women in its next periodic report.

210. The Committee is concerned that the report did not contain information
on the implementation of the Beijing Platform for Action
in the State party.

211. The Committee recommends that, where appropriate, the State party
implement the commitments of the Platform for Action. In particular,
it
recommends the immediate adoption of an equal opportunity plan which can place
the National Programme for Women on a solid legal
basis. It also encourages the
State party to mainstream a gender perspective within all ministries and to
establish procedures for
assessing the impact of such mainstreaming.

212. The Committee asks the State party to respond in its next periodic
report to the concerns set out in the present concluding comments,
under article
18 of the Convention. It also urges the State party to draft future reports in
accordance with its guidelines, providing
not only a description of the legal
framework, but sufficient information supported by statistical data to clarify
not only the legal
situation of women but also the situation in practice,
including obstacles encountered.

213. The Committee urges the State party to accept as soon as possible the
amendment to article 20, paragraph 1, of the Convention, concerning
the length
of the Committee’s sessions.

214. The Committee requests the State party to disseminate these
concluding comments widely in Uruguay and to promote public discussion
of them,
so as to bring to the attention of politicians, government administrators,
non-governmental women’s organizations
and the general public the action
that must be taken to achieve de jure and de facto equality of men and women. It
also requests
the State party to continue to ensure wide dissemination,
particularly among human rights and women’s organizations, of the
Convention, its Optional Protocol, the Committee’s general
recommendations, the Beijing Declaration and Platform for Action,
and the
results of the twenty-third special session of the General Assembly, entitled
“Women 2000: gender equality, development
and peace for the twenty-first
century”.

4. Combined third and fourth periodic reports

Iceland

215. The Committee considered the combined third and fourth periodic report
of Iceland (CEDAW/C/ICE/3-4) at its 532nd and 533rd meetings,
on 17 January 2002
(see CEDAW/C/SR.532 and 533).

(a) Introduction by the State party

216. In her introduction, the representative of Iceland updated the
information contained in the report which covered implementation
up to December
1997, indicating that the new information would be contained in Iceland’s
fifth periodic report. She also informed
the Committee that the Government had
ratified the Optional Protocol to the Convention in March 2001 and was preparing
its acceptance
of the amendment to article 20.1 of the Convention, relating to
the Committee’s meeting time.

217. The representative indicated that, in May 2000, a new act on the equal
status and equal rights of women and men (the Gender Equality
Act), which
replaced the former Gender Equality Act of 1991, had been passed. The Act had
created a new special institution, the
Centre for Gender Equality, administrated
by the Ministry of Social Affairs and entrusted with monitoring of the
Act’s implementation.
The Act provided that institutions and enterprises
with more than 25 employees should have a gender equality policy or create
special
provisions regarding gender equality in their employment policies. The
Act prohibited both direct and indirect discrimination and
entitled individuals
and non-governmental organizations to seek redress from the Complaints Committee
on Equal Status. Although the
decisions of the Complaints Committee were not
binding, the Centre for Gender Equality or the individual concerned could
initiate
legal proceedings based on the Committee’s opinions.

218. Each Ministry was required to appoint an equality coordinator who was
tasked with the mainstreaming of gender equality within
the work of the Ministry
and its dependent institutions. Since 1991, Iceland had introduced three
four-year action programmes on
measures to realize gender equality, the latest
in 1998. The Centre for Gender Equality had begun preparations for a new Action
Plan,
for the years 2002-2006, which places greater emphasis on gender
mainstreaming and the methods to achieve it. In this respect, the
representative
stressed the need to increase the involvement of men in equality
initiatives.

219. In 2000, a Maternity/Paternity Leave and Parental Leave Act, which would
enter fully into force on 1 January 2003, had been passed.
The Act
constituted a fundamental reform in that it promoted sharing of parental
responsibilities and gender equality on the labour
market. The representative
indicated that implementation of the Act was expected to create greater equality
between women and men
generally, and in particular reduce the pay gap between
women and men, and address women’s low representation in comparison
with
men’s at the top levels of business management, situations that had
resulted in part from the heavy responsibilities that
women bore in connection
with family and children.

220. The representative noted that trafficking in women and prostitution,
potentially associated with the strip clubs that started
to open in 1990, were
becoming growing concerns for the Icelandic authorities. In cooperation with
labour unions, local and national
authorities were scrutinizing the activities
of strip clubs in order to find ways to curtail the activities of those
businesses.
The relevant authorities were also preparing measures to address the
issue of prostitution.

221. In September 1998, the Minister of Social Affairs had appointed a
Committee for a five-year period, to seek to increase women’s
participation in politics, inter alia, through education and information
campaigns. The initial task of the Committee was to increase
the number of women
participating in the 1999 parliamentary elections. Thirty-five per cent of
members elected to Parliament in 1999
had been women, in comparison with 25 per
cent in 1995. The Committee was currently seeking to increase the number of
women in local
government, which at present stood at 28.5 per cent. Similarly,
in the period 1998-1999, the Ministry for Foreign Affairs had recruited
women to
50 per cent of all new positions requiring a university degree.

222. At the University of Iceland, women constituted 60.9 per cent of all new
students and women represented over 50 per cent of students
in disciplines
except engineering, economics and computer science. In April 2000, a two-year
agreement had been signed in order to
strengthen the position of women in the
labour market, increase female leadership in economic life and encourage women
to choose
male-dominated fields of study in higher education.

223. The representative highlighted the fact that in 2000, women’s
participation in the labour market had been 79 per cent for
age group 16-74 in
comparison with 88 per cent for men. In age group 55-74 women’s
labour-force participation had decreased.
Unemployment among women was 1.9 per
cent in 2001, and 1 per cent for men. There was a wage differential of 10-16 per
cent between
women and men, and this differential was the subject of active
debate.

224. The representative pointed out that, in 1998, the Office of Gender
Equality and the Administration on Occupational Safety and
Health had published
a study on sexual harassment which confirmed that this was a problem in the
workplace. In response, the Gender
Equality Act had defined and prohibited
sexual harassment.

225. The representative indicated that measures to address violence against
women, including sexual violence, as well as violence
against children,
particularly girls, had been introduced. They included in camera trials for such
offences, special procedures to
protect victims and witnesses required to
provide evidence, as well as restraining orders. Penalties for rape had been
increased,
and the State Prosecutor usually called for significant penalties in
cases of sexual violence.

226. In concluding, the representative noted that, although great progress
had been made in implementation of the Convention, much
more needed to be done.
Efforts towards further implementation included examination of whether and how
gender equality was being
taken into account in national and local planning and
policy-making. A working group, which was currently focusing on bills prepared
by the Ministries of Finance, Industry, Commerce and Social Affairs, had also
been established to ensure that gender was taken into
account in the preparation
of legislation.

(b) Concluding comments of the Committee

Introduction

227. The Committee expresses its appreciation to the State party on its
combined third and fourth periodic report, which complies
with the
Committee’s guidelines for the preparation of periodic reports. The
Committee also appreciates the additional information
given in response to the
issues raised by the pre-session working group and during the oral
presentation.

228. The Committee commends the State party for the constructive and frank
dialogue with the members of the Committee.

Positive aspects

229. The Committee commends the State party for the progress towards gender
equality and for its efforts to incorporate gender mainstreaming
in its policy
framework and at all stages of policy-making processes.

230. The Committee commends the passage of the Gender Equality Act (2000) and
the large number of studies, pilot projects and research
initiatives conducted
in order to advance the equality between women and men.

231. The Committee commends the State party for its recognition of the common
responsibility of women and men in the promotion of
equality and for having
taken a number of measures to involve the participation of men in strategies to
increase equality between
women and men, inter alia, in the area of paternal
leave.

232. The Committee commends the fact that the State party has ratified the
Optional Protocol to the Convention and takes note that
it is preparing for
acceptance of the amendment to article 20.1 on the Committee’s meeting
time.

233. The Committee also welcomes the fact that a number of recommendations in
its concluding comments adopted when Iceland last reported
have been
implemented.

Factors and difficulties affecting the implementation of the
Convention

234. The Committee notes that there are no significant factors or
difficulties that prevent the effective implementation of the Convention
in
Iceland.

Principal areas of concern and recommendations

235. The Committee notes with concern that the Convention has not been
incorporated into domestic legislation. In particular it regrets
that article 1
of the Convention, which defines “discrimination against women”, is
not part of Icelandic legislation.

236. The Committee recommends that the State party give further
consideration to the incorporation of the Convention into domestic legislation.
The Committee points particularly to the importance of the incorporation of
article 1 of the Convention. The Committee requests that
the State party report
on progress made in this regard in its next periodic report, including
information on whether the Convention
has been invoked before domestic
courts.

237. The Committee is concerned that the decisions of the Complaints
Committee on Equal Status are not binding, inter alia, in cases
where government
agencies violate the law.

238. The Committee recommends that the State party consider strengthening
the enforcement mechanisms of the Complaints Committee, and,
in particular,
provide that its decisions have binding force.

239. The Committee notes with concern the apparent contradiction between the
high level of education of women and the lack of women’s
equality in the
labour market, particularly the persistent wage gap of 10-16 per cent in the
public sector to the detriment of women.

240. The Committee encourages the State party to continue its efforts to
address the wage gap for women in the public sector, initiate
job evaluations
and reduce the gap. The Committee also requests that the State party provide
more information on the situation of
women in the private sector with regard to
the wage gap in its next report to the Committee.

241. The Committee is also concerned that the long-standing high rate of
part-time employment of women suggests that, despite the
State party’s
efforts to facilitate the reconciliation of family life and work, women still
bear a larger share of family responsibilities.

242. The Committee encourages the State party to continue its efforts to
take measures to assist women and men in striking a balance between
family and
employment responsibilities, inter alia, through further awareness-raising and
education initiatives for both women and
men, including with respect to sharing
tasks within the family and ensuring that part-time employment is not taken up
exclusively
by women.

243. The Committee notes that, although progress was made with regard to
women’s political representation, women are still underrepresented
in
elected office, senior positions and the diplomatic service. The Committee is
also concerned that despite their high educational
achievement, very few women
are university professors.

244. The Committee encourages the State party to take further temporary
special measures in accordance with article 4.1 of the Convention
to increase
the representation of women in decision-making positions in all sectors, inter
alia, on all public committees. It also
recommends that the State party take
measures to increase the number of women in senior positions at
universities.

245. While noting that the State party has taken a positive legal and welfare
approach towards preventing violence against women,
including domestic violence,
the Committee expresses concern at the light penalties for crimes of sexual
violence, including rape.

246. The Committee urges the State party to continue its efforts to
implement and strengthen current laws, policies and programmes aimed
at
combating violence against women, and to increase its awareness-raising
activities and work with male perpetrators. It also urges
the State party to
reconsider the current penal provisions which impose light sentences on
perpetrators of sexual violence, including
rape. It also encourages the State
party to consider the issue of violence against women under the provisions of
the Convention and
the Committee’s general recommendation 19 on violence
against women. The Committee requests the State party to provide more
information in the next report on efforts to combat violence against women,
including measures taken to provide training of the police
and the
judiciary.

247. The Committee notes with concern that Iceland may have become a country
of destination for trafficking in women.

248. The Committee encourages the State party to continue taking action to
combat trafficking in women and, with this aim, to increase
international
cooperation in this regard.

249. The Committee expresses concern about the change of the pension system,
which has negatively impacted on women more than men.

250. The Committee recommends that the State party study the impact of the
pension system on women and take appropriate measures to avoid
poverty among
older women.

251. The Committee expresses concern at the high level of alcohol consumption
among women, and the level of alcohol and drug consumption
among young people,
including girls.

252. The Committee urges the State party to take measures to address
alcohol and drug abuse, especially among women and girls.

253. The Committee encourages the State party to continue its preparations
for acceptance of the amendment to article 20, paragraph 1,
of the
Convention.

254. The Committee requests the State party to respond in its next report
to the outstanding issues raised in constructive dialogue, as
well as to the
specific issues raised in the present concluding comments. It further requests
the State party to provide in its next
report an assessment of the impact of
measures taken to implement the Convention, in particular with regard to gender
mainstreaming.

255. The Committee requests the wide dissemination in Iceland of the
current concluding comments in order to make the people in Iceland,
in
particular government administrators and politicians, aware of the steps that
have been taken to ensure the de jure and de facto
equality of women as well as
of further steps that are required in this regard. It also requests the State
party to continue to disseminate
widely, in particular to women’s and
human rights organizations, the Convention, its Optional Protocol, the
Committee’s
general recommendations and the Beijing Declaration and
Platform for Action, and the results of the twenty-third special session
of the
General Assembly, entitled “Women 2000: gender equality, development and
peace for the twenty-first century”.

Sri Lanka

256. The Committee considered the third and fourth periodic reports of Sri
Lanka (CEDAW/C/LKA/3-4) at its 545th and 546th meetings
on 28 January 2002 (see
CEDAW/C/SR.545 and 546).

(a) Introduction by the State party

257. In her introduction, the representative of Sri Lanka informed the
Committee that Sri Lanka was sincerely committed to honouring
its obligations
under the Convention and that efforts to improve the status of women had been
made not only in accordance with the
country’s obligations as a State
party to the Convention, but also pursuant to the principle of equality
enshrined in the country’s
Constitution.

258. Sri Lanka was a developing country, currently experiencing severe
economic constraints resulting primarily from a long period
of civil unrest
which, besides draining the country’s human and capital resources, also
militated against its human development
efforts. The representative indicated
that approximately one third of the total population of Sri Lanka lived below
the poverty line,
with government welfare support, and that, despite this, Sri
Lanka had sustained positive social indicators, particularly with regard
to
education and health. According to the 2001 Human Development Report, the
human development index for Sri Lanka had risen to 81, while the country’s
gender development index was 70.

259. The representative informed the Committee that targeted State
interventions had impacted favourably on women. The literacy rate
of women had
improved, thereby narrowing the literacy gap between women and men, as had
women’s educational achievements. Progress
was also seen in relation to
the increase in women’s participation in the labour force. Women had
penetrated into a variety
of new fields hitherto dominated by men. Women’s
contributions to the country’s foreign exchange earnings through
employment
overseas — in the export processing zones and the plantation
sector — had received recognition, and rural women had been
mobilized into
economic activity through special savings, credit and skills development
programmes.

260. With regard to health issues, the representative informed the Committee
that the improvement of delivery systems had resulted
in the reduction of
maternal and infant mortality rates. She also indicated that the life expectancy
of women had surpassed that
of men and that women’s visibility in the
field of sports had increased.

261. The representative indicated that Sri Lankans’ willingness to
recognize gender equality at the highest level had been demonstrated
in 1994,
when a woman was elected executive President of the country. Sri Lanka continued
to focus on: improving the law and order
situation to address violence against
women; eliminating gender stereotyping; introducing special care programmes for
ageing women;
introducing programmes for the improvement of the nutritional
status of mothers; implementing educational programmes to prevent the
spread of
HIV/AIDS among women; encouraging women to take up non-traditional vocations;
and empowering women migrant workers and
those employed in the export promotion
zones. In addition, Sri Lanka continued to focus on providing humanitarian
assistance to the
families affected by the conflict, creating an enabling
environment to motivate women to assume political leadership, engendering
legislation and stepping up efforts in gender mainstreaming.

262. The Government had taken several measures to establish administrative
mechanisms with proactive mandates in order to prevent
abuse and harassment of
persons affected by armed conflict, particularly women and children. The
representative indicated that the
Government was adopting a multi-pronged
approach when protecting those internally displaced as a result of the conflict.
Plans had
been formulated and programmes implemented with respect to
humanitarian assistance and compensation, for building temporary shelters
and
for dealing with resettlement and relocation. The representative informed the
Committee that infrastructure facilities for displaced
children had been
provided and that a scholarship scheme had been introduced. Efforts were now
being made by the Government to improve
the health conditions of the internally
displaced.

263. The representative informed the Committee that upholding human rights
during the civil strife was a challenge, but that the Sri
Lankan Government had
introduced measures to that end. Violence against women and human rights
violations committed by security personnel
or police were not condoned. Sri
Lanka submitted regular reports to the human rights machinery of the United
Nations and was preparing
to sign the Optional Protocol to the Convention.

264. The representative also stated that, over the preceding four years, the
country’s national machinery had been vested with
various powers and
functions. The new Government, established in December 2001, had directed that
every programme contain a gender
component and that the gender impact of every
programme be assessed. That commitment was expected to provide the leverage for
new
initiatives for gender mainstreaming throughout the government machinery,
facilitating the implementation of the components of the
National Plan of Action
for Women. The 2002 National Plan of Action for Women highlighted all priority
areas of intervention, including
the need to address the inadequate
participation of women in power-sharing and decision-making processes. The
representative stated
that the political climate of the recent past was
perceived as having created an environment that was detrimental to women’s
political participation and that, with a change in the political culture, it was
hoped that women would be empowered to become partners
in implementing values of
good governance. The representative also stated that the Government expected the
national legislation giving
statutory recognition to the National Commission on
Women to be enacted shortly.

265. The representative informed the Committee that the Law Commission of Sri
Lanka had been requested to address inequities in national
legislation. Reforms
to personal laws in the multi-ethnic, multi-religious and multicultural society
had to be attempted with due
regard and sensitivity to deeply rooted pluralistic
and ethnic beliefs.

266. In concluding her presentation, the representative noted that, in order
to implement the Convention fully, the Government was
working in cooperation
with non-governmental organizations and with the support of the donor community.
However, in its efforts to
honour its obligations under the Convention, the
Government was faced with difficulties stemming from both the internal conflict
and the external pressures arising from global uncertainties. Sri Lanka hoped
the current initiatives towards securing a resolution
to its internal conflict
would be successful in order that the ensuing peace would bring benefits to Sri
Lankan women.

(b) Concluding comments of the Committee

Introduction

267. The Committee expresses its appreciation to the State party for
submitting its third and fourth periodic reports, which are in
accordance with
the Committee’s guidelines for the preparation of periodic reports. It
commends the State party for the written
replies to the issues raised by the
pre-session working group and for its oral presentation, which provided
additional information
on the current situation of the implementation of the
Convention in Sri Lanka.

268. The Committee commends the State party for its delegation, headed by the
Secretary of the Ministry of Women’s Affairs,
and including officials from
various branches of Government, which enabled a frank and constructive dialogue
with the members of
the Committee. The Committee notes that governmental action,
in particular the National Plan of Action for Women, is placed within
the
context of the implementation of the Beijing Platform for Action.

Positive aspects

269. The Committee commends the efforts to implement the Convention despite
the difficult socio-political situation. It welcomes efforts
to strengthen the
national machinery on women, the introduction of gender mainstreaming and the
adoption of a range of policies and
programmes to eliminate discrimination
against women, including the Women’s Charter, the establishment of the
Ministry of Women’s
Affairs, the National Committee on Women and the
formulation of a National Plan of Action for Women.

270. The Committee commends the introduction of legal reforms that have been
adopted since 1995, in particular the amendments to the
Penal Code, which
introduced new offences and more severe punishments with regard to violence
against women, as well as the revision
of the marriage laws, which increased the
age of marriage, except in the case of Muslims, to 18 for both women and
men.

271. The Committee commends the educational achievements and improved
literacy rate of women, as well as the curriculum reforms and
teacher training
programmes to eliminate gender role stereotypes. The Committee also commends the
easy access to family planning
for women and men and the well-developed maternal
and child health care system, which has contributed to a decline in maternal
mortality.

272. The Committee welcomes the very active and lively participation of
women’s organizations in monitoring and implementing
the Convention.

Factors and difficulties affecting the implementation of the Convention

273. The Committee recognizes that armed conflict in the north and east of
the country and economic globalization place constraints
on the situation of
women and pose a serious challenge to the full implementation of the
Convention.

Principal areas of concern and recommendations

274. The Committee expresses concern at the contradiction between the
constitutional guarantees of fundamental rights and the existence
of laws that
discriminate against women. It is also concerned that constitutional provisions
on fundamental rights do not create
accountability for the actions of non-State
actors and the private sector, and the fact that there is no opportunity for
judicial
review of legislation pre-dating the Constitution. The Committee is
also concerned at the existence of discriminatory legislation, such as the Land
Development Ordinance, and the
provisions allowing for Muslim personal law,
which, inter alia, does not provide a minimum age of marriage, as well as the
nationality
law which precludes Sri Lankan women from passing nationality to
their children on an equal footing with men.

275. The Committee urges the State party to review all existing laws and
amend discriminatory provisions so that they are compatible with
the Convention
and the Constitution. It urges the State party to ensure that constitutional
rights are applicable to the activities of non-State actors and the private
sector. The Committee further recommends that, in its efforts to
eliminate discriminatory legislation, the State party take into
account,
where appropriate, suggestions and recommendations from bodies such as the
Muslim personal law reforms committee set up
by the Ministry of Muslim Religious
and Cultural Affairs. The Committee also encourages the State party to obtain
information on
comparative jurisprudence, including that which interprets
Islamic law in line with the Convention.

276. While welcoming the efforts of the State party to strengthen the
national machinery for women and to introduce gender mainstreaming,
the
Committee notes with concern that the legal framework, institutional structures
and human and financial resources remain insufficient
to implement the
Convention.

277. The Committee encourages the State party to expedite the
establishment of the National Commission on Women, strengthen the gender
focal
points in government ministries, ensure sufficient human and financial resources
for the implementation of the National Plan
of Action, and strengthen the
implementation of the Women’s Charter, including through giving legal
force to its provisions
where appropriate to give effect to the principles of
the Convention.

278. Despite the fact that women have occupied the position of head of
Government of Sri Lanka, the Committee is concerned that, on
the whole there is
a very low level of representation of women in politics and public life.

279. The Committee urges the State party to take all necessary measures to
increase the representation of women in politics and public
life at the local,
provincial and national levels, including through the implementation of
temporary special measures, in accordance
with article 4, paragraph 1, of the
Convention.

280. Despite the progress in education for women and girls, the Committee is
concerned about the underrepresentation of women in engineering
and
technology-related courses in tertiary education.

281. The Committee urges the State party to take all necessary measures to
increase the representation of women in engineering and technology-related
courses in tertiary education.

282. The Committee is concerned that women who become pregnant as a result of
rape or incest have to endure significant physical and
mental torture.

283. The Committee encourages the State party to reintroduce legislation
to permit termination of pregnancy in cases of rape, incest and
congenital
abnormality of the foetus.

284. The Committee expresses its concern about the high incidence of violence
against women, including domestic violence. The Committee
is concerned that no
specific legislation has been enacted to combat domestic violence and that there
is a lack of systematic data
collection on violence against women, in particular
domestic violence. The Committee, while appreciating the many amendments to the
Penal Code, notes with concern that marital rape is recognized only in the case
of judicial separation. The Committee is also concerned
that the police fail to
respond to complaints of violence against women with gender sensitivity and
effectively.

285. The Committee urges the State party to ensure the full implementation
of all legal and other measures relating to violence against
women, to monitor
the impact of those measures and to provide women victims of violence with
accessible and effective means of redress
and protection. In the light of its
general recommendation 19, the Committee requests the State party to enact
legislation on domestic
violence as soon as possible. The Committee recommends
that the State party devise a structure for systematic data collection on
violence against women, including domestic violence, disaggregated by sex and
ethnic group. The Committee urges the State party to
consider recognizing
marital rape in all circumstances as a crime. The Committee recommends that the
State party provide comprehensive
training to the judiciary, police, medical
personnel and other relevant groups on all forms of violence against women.

286. The Committee is alarmed by the high and severe incidences of rape and
other forms of violence targeted against Tamil women by
the police and security
forces in the conflict areas. While recognizing the prohibition of torture in
the Constitution and the establishment of the inter-ministerial working group to
counter these acts of violence, the Committee is concerned that victims
in
remote areas might be unaware of their rights and of the manner in which to seek
redress.

287. The Committee urges the State party to monitor strictly the behaviour
of the police and the security forces, to ensure that all perpetrators
are
brought to justice and to take all necessary measures to prevent acts of
violence against all women.

288. The Committee, while noting with appreciation the efforts of the State
party to eliminate gender role stereotyping in formal
education, expresses
concern at the perpetuation of traditional stereotyped gender roles among the
general public and in the media.

289. The Committee calls upon the State party to strengthen measures to
eliminate stereotypical attitudes about the roles and responsibilities
of women
and men, including awareness-raising and educational campaigns directed at both
women and men of the general public and
at the media. It also calls upon the
State party to undertake an assessment of the impact of its measures in order to
identify shortcomings
and to adjust and improve these measures
accordingly.

290. The Committee is concerned about the low level of women’s economic
participation, the high unemployment rate of women,
the inadequate protection
for women working in the informal sector, such as domestic service and the weak
enforcement of laws to
protect women workers in the export processing zones. The
Committee is also concerned that no data is available on the wage gap between
women and men.

291. The Committee urges the State party to take all the necessary
measures to increase the economic participation of women and ensure
that women
have equal access to the labour market and equal opportunities to, and at, work.
The Committee calls on the State party
to provide adequate protection and ensure
the enforcement of labour laws for the benefit of all women workers in all
areas. The Committee
recommends that sex-disaggregated data on income
distribution and wages be collected and included in the next report and that the
State party take measures to ensure that a gender perspective is incorporated
into all labour policies.

292. The Committee is concerned about the increasing number of women who
migrate from Sri Lanka in search of work and find themselves
in situations where
they are vulnerable. Despite the protective measures taken by the State party,
including mandatory registration
and insurance coverage, these women are often
subjected to abuse and sometimes death.

293. The Committee urges the State party to ensure the full and effective
enforcement of the measures taken to protect women migrant workers,
including
preventing the activities of illegal employment agencies and ensuring that
insurance covers the disabled and jobless after
they return to Sri
Lanka.

294. Noting that the majority of women live in rural areas, the Committee is
concerned that economic policies do not incorporate a
gender perspective and do
not take into account rural women’s role as producers.

295. The Committee urges the State party to recognize rural women’s
contributions to the economy by collecting sex-disaggregated
data on rural
production and to ensure the incorporation of a gender perspective in all
development programmes, with special attention
to minority rural women.

296. The Committee is concerned about the high percentage of households
headed by women, many of whom are elderly, many illiterate
and with meagre means
of living.

297. The Committee urges the State party to develop policies and
programmes to improve the situation of women-headed households and elderly
women, including recognizing women-headed households as equal recipients and
beneficiaries of development programmes.

298. The Committee expresses its concern about the continued situation of
armed conflict in the north and east of Sri Lanka and the
increase of internally
displaced persons, the majority of whom are women and children.

299. The Committee urges the State party to allocate more resources to
meet the needs of internally displaced women and children and to
ensure their
privacy, access to health facilities, security and protection from violence. The
Committee calls on the State party
to ensure full and equal participation of
women in the process of conflict resolution and peace-building.

300. The Committee urges the State party to sign and ratify the Optional
Protocol to the Convention and to deposit, as soon as possible,
its instrument
of acceptance of the amendment of article 20, paragraph 1, of the Convention on
the meeting time of the Committee.

301. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report
submitted under article 18 of the Convention. The Committee, in particular,
requests the State party to provide information
on the assessment and impact of
all laws, policies, plans, programmes and other measures taken to implement the
Convention.

302. The Committee requests the wide dissemination in Sri Lanka of the
current concluding comments in order to make the people in Sri Lanka,
in
particular government administrators and politicians, aware of the steps that
have been taken to ensure the de jure and de facto
equality of women as well as
of further steps that are required in this regard. It also requests the State
party to continue to disseminate
widely, in particular to women’s and
human rights organizations, the Convention, its Optional Protocol, the
Committee’s
general recommendations and the Beijing Declaration and
Platform for Action, as well as the results of the twenty-third special session
of the General Assembly, entitled “Women 2000: gender equality,
development and peace for the twenty-first century”.

5. Fourth and fifth periodic reports

Portugal

303. The Committee considered the fourth and fifth periodic reports of
Portugal (CEDAW/C/PRT/4 and CEDAW/C/PRT/5) at its 534th and
535th meetings, on
18 January 2002 (see CEDAW/C/SR.534 and 535).

(a) Introduction by the State party

304. In introducing the fourth and fifth periodic reports, the representative
of Portugal emphasized her country’s commitment
to the attainment of
equality between women and men as an integral part of its respect for democracy.
De jure equality was a reality
in Portugal, but work had to be done to achieve
de facto equality. Measures to achieve equality had been placed under the direct
supervision of the Prime Minister in 1995 and, in 1996, the post of High
Commissioner for Equality and Family had been created. In
1999, the post of
Minister for Equality had been established and its functions absorbed by the
Minister of the Presidency. In July
2001, the post of Secretary of State only
for Gender Equality had been created and placed in the portfolio of the Deputy
Minister
to the Prime Minister.

305. As a measure of Portugal’s commitment to strengthening the
implementation of the Convention and other international instruments,
ratification of the Optional Protocol had been approved by Parliament, and the
amendment to article 20, paragraph 1, of the Convention
had been accepted.

306. The representative stressed that the issue of de facto equality was a
concern for the Government, and it was imperative to strengthen
women’s
and men’s balanced participation in society, particularly in the areas of
labour, decision-making, family and
social protection, and education and to
eliminate prevailing gender stereotypes. Obstacles linked to traditional
stereotyping had
hampered efforts to achieve full equality between women and men
and the implementation of the Convention. Two draft laws to achieve
equality in
political participation at all levels, and to provide compulsory paid parental
leave had been introduced in 2001, but
because of the political changes in
Portugal, they would not be adopted during the current parliamentary period.

307. Many legislative and policy changes, as well as plans and programmes to
achieve equality between women and men, had been introduced.
In May 2001,
legislation providing the Commission for Equality in Work and Employment (CITE)
and the General Labour Inspection with
additional powers, in particular with
regard to investigation of sex-based discrimination in the workplace, employment
and in vocational
training programmes had been enacted. A second law requiring
that the Government provide Parliament with an annual report on the
status of
equality in employment, the workplace and vocational training programmes had
also been enacted. The collection of gender-sensitive
information and data had
improved and publications, awareness-raising campaigns and seminars and training
on gender equality had
contributed to better understanding by the public of
gender equality issues.

308. The representative noted that her country had almost completed the
elaboration of the Second National Plan for Equality between
women and men
following the objectives established in the Law on General Principles for 2002.
The Law and Plan envisaged restructuring
the Commission for Equality and
Women’s Rights (CEWR) and the CITE. The Deputy Minister to the Prime
Minister had indicated
that the next budgets would be gender-based.

309. The representative emphasized the positive impact in Portugal of the
outcome of the Fourth World Conference on Women, in particular
with regard to
the policies of the Governments elected in 1995 and 1999. She highlighted the
constitutional amendments adopted in
1997, which included the promotion of
equality between women and men as a basic State responsibility, noting that that
provided the
necessary legal basis for affirmative actions. Other amendments
related to the inclusion in the chapter of rights, liberties and
guarantees,
legal protection against all forms of discrimination; recognition of the right
to reconcile professional and family life
for all workers; and consideration
that direct and active participation in political life by men and women was a
condition of the
democratic system and that the law should ensure the promotion
of equality in the exercise of civil and political rights and access
to public
office free of sex-based discrimination.

310. The representative described a series of plans and programmes based on
the principles of the Beijing Platform for Action, which
included: the 1997
Global Plan for Equal Opportunities, which created the Observatory for Equality
in Collective Bargaining, which
was a very important tool in the reduction of
salary discrimination; and the 1999 National Plan against Domestic Violence. In
1999,
the law on maternity and paternity protection had been amended to provide,
inter alia, fathers with five days of paid leave during
the first month of a
child’s life and 15 days of paid leave to be taken after maternity or
paternity leave. The amended Law
also provided for two hours of breastfeeding
breaks daily and an entitlement for either the mother or the father to take two
hours
a day from work to feed a child during its first year. Legislation had
extended paid maternity leave to 120 days and increased the
penalties for
employers who discriminated on the basis of sex or violated the
maternity/paternity protective measures.

311. The representative noted that Portugal had benefited from its membership
in the European Union and had introduced a series of
initiatives while it had
held the European Union presidency, namely promoting all aspects of equal
opportunities, facilitating the
reconciliation of work and family life and
aiming, in particular, at increasing the number of women in employment to 60 per
cent
by 2010, and various conferences on measures to eliminate domestic violence
and reconcile professional and family life. Special attention
had also been
given to the coordination of the European Union’s contribution to the
Beijing+5 process and the review of the
International Labour Organization
Convention concerning Maternity Protection.

312. The representative noted that non-governmental organizations had greatly
contributed to the advancement of women, both as individual
associations and
collectively as members of the Consultative Council within the Commission for
Equality and Women’s Rights.
Between 1991 and 2001, the number of
non-governmental organizations had increased from 24 to 49, and government
subsidies for non-governmental
organizations had increased fivefold.

313. Pursuant to the Beijing Platform for Action, Portugal had addressed
violence against women through the adoption of various measures,
such as the
creation of a 24-hour, seven-day-a-week free help line, and the establishment of
a network of reception centres for women
victims of domestic violence. A formal
complaint from the victim of domestic violence was no longer a precondition for
prosecution,
indemnities to women victims of domestic violence had been
introduced, police training had been carried out and specific victim-friendly
locations in police stations for victims of domestic violence had been set
aside.

314. In concluding her presentation, the representative indicated that
inequality between women and men continued to be felt in Portugal
despite legal
reform and the adoption of international obligations. However, she expressed the
view that, since the identification
of the causes of the inequality, which had
caused such harm to women in public life and men in the private sphere,
effective measures
that eliminated structural inequalities between women and men
could be introduced.

(b) Concluding comments of the Committee

Introduction

315. The Committee expresses its appreciation to the State party for
submitting its fourth and fifth periodic reports. It commends
the State party
for the written replies to the issues raised by the pre-session working group,
the supplementary information submitted
to the Committee and the State
party’s oral presentation, which provided additional information on the
current situation of
the implementation of the Convention in Portugal.

316. The Committee commends the State party on its delegation, headed by the
Secretary of State for Equality, and including officials
from various branches
of the Government.

317. The Committee notes that governmental action, including the Global Plan
for Equal Opportunities, is placed within the context
of the provisions of the
Convention and the implementation of the Beijing Platform for Action.

Positive aspects

318. The Committee commends the Government of Portugal on its commitment to
achieving equality and equal opportunities for women,
reflected in the progress
it has made in implementing the Convention since the consideration of the third
periodic report in 1991.
The Committee notes with appreciation the range of
laws, institutions, policies, plans and programmes put in place to address
discrimination
against women in Portugal.

319. The Committee welcomes the amendments to the Constitution adopted in
1997, which, inter alia, established the promotion of equality between women and
men as a fundamental task of the State.
The Committee also welcomes other
legislative reforms, including those relating to maternity and paternity
leave.

320. The Committee welcomes the 1998 revision of the Penal Code which made
violence against women a public offence, rendered police
investigation of such
offences mandatory and criminalized sexual harassment in the workplace.

321. The Committee notes with satisfaction the high level of women’s
educational achievement and the increasing diversification
in the types of
studies pursued by women. The Committee commends the State party on its efforts
to recruit women into the police
forces and on its system to disseminate
information on violence against women.

322. The Committee commends the State party for recognizing stereotypical
attitudes as a major source of women’s continuing
disadvantage and
welcomes the different means to address such attitudes, including
awareness-raising campaigns and emphasis on shared
responsibility in the
family.

323. The Committee commends the State party for having accepted the amendment
to article 20, paragraph 1, of the Convention, and welcomes
the steps taken
towards ratification of the Optional Protocol.

Factors and difficulties affecting the implementation of the
Convention

324. The Committee notes that there are no significant factors or
difficulties that prevent the effective implementation of the Convention
in
Portugal.

Principal areas of concern and recommendations

325. The Committee, while noting the wealth of information concerning laws,
policies, plans and programmes designed to ensure compliance
with the
Convention, is nonetheless concerned at the general absence of assessment and
impact of those measures on women.

326. The Committee requests the State party to provide, in its next
report, information on the assessment and impact of all laws, policies,
plans,
programmes and other measures taken to eliminate discrimination against women in
all areas of their lives. The Committee also
requests the State party to set
time frames within which it intends to achieve its goals.

327. While recognizing the efforts made by the State party to integrate a
gender perspective into all policies, the Committee is concerned
about the
limited resources available for the machinery responsible for gender
equality.

328. The Committee urges the State party to increase the financial and
human resources available for the machinery and all policies and
programmes to
eliminate discrimination against women.

329. While recognizing the State party’s efforts to address the problem
of stereotypes relating to the roles of women in the
family and society, the
Committee remains concerned at the persistence of these stereotypes and the
continuing stereotypical portrayal
of women in the media.

330. The Committee calls upon the State party to strengthen measures to
change stereotypical attitudes about the roles and responsibilities
of women and
men, including awareness-raising and educational campaigns directed at both
women and men, as well as the media, in
order to achieve de facto equality
between women and men. It further calls on the State party to encourage the
media to contribute
to the societal efforts at overcoming such attitudes, and to
create opportunities for a positive, non-traditional portrayal of women.

331. While welcoming the measures taken to combat violence against women,
including the revisions to the Penal Code providing for
the crime of
ill-treatment of a spouse or partner and for violence against women to be a
public offence, the adoption in 1999 of
the National Action Plan to Fight
Domestic Violence, and the activities under the INOVAR (innovate) Project, the
Committee is concerned
about the continuing problem of violence against women,
especially domestic violence, and the small number of prosecutions and
convictions
of offenders.

332. The Committee urges the State party to ensure the systematic
implementation of the national action plan and all laws and other measures
relating to violence against women, and to monitor their impact. The Committee
calls on the State party to take measures aimed at
creating zero tolerance for
such violence, and to make it socially and morally unacceptable. The Committee
further recommends that
the State party strengthen measures to sensitize the
judiciary and law enforcement personnel to all forms of violence against women
that constitute infringements of the human rights of women under the
Convention.

333. The Committee is concerned that incest is not defined explicitly as a
crime under the Penal Code but is dealt with merely indirectly
under a number of
different penal provisions.

334. The Committee urges the State party to include incest as a specific
crime in the Penal Code so as to make it easier for women and
girls who are
victims of incest to have access to effective means of redress and
protection.

335. The Committee is concerned about the increase in the incidence of
trafficking in women and girls.

336. The Committee urges the State party to increase efforts at
cross-border and international cooperation, especially with countries of
origin
and transit as well as with neighbouring receiving countries, to collect data,
reduce the incidence of trafficking, prosecute
and punish traffickers, and
ensure the protection of the human rights of trafficked women and girls. It
calls on the State party
to ensure that trafficked women and girls have the
support that they need so that they can provide testimony against their
traffickers.
It also urges that training of border police and law enforcement
officials provide them with the requisite skills to recognize and
provide
support for victims of trafficking.

337. The Committee is concerned about the low participation of women in
elected and appointed bodies, including as members of parliament
and local
assemblies, government ministers and secretaries of state, mayors, and
high-ranking judges and diplomats.

338. The Committee urges the State party to take measures to increase the
representation of women in elected and appointed bodies through,
inter alia, the
implementation of temporary special measures, in accordance with article 4,
paragraph 1, of the Convention in order
to realize women’s right to
participation in all areas of public life and, particularly, at high levels of
decision-making.

339. The Committee is concerned about the persistence of the level of
illiteracy, and that older women constitute a disproportionate
number of
illiterates.

340. The Committee encourages the State party to develop programmes
specially designed to reduce female illiteracy.

341. The Committee is concerned at the evidence of women’s occupational
segregation, that the gap between women’s and
men’s wages in the
private sector is worsening and at the high percentage of women among unpaid
family workers. It is also
concerned at the lack of sex-disaggregated data on
these matters in respect of the public and private sectors.

342. The Committee urges the State party to collect sex-aggregated data on
women’s vertical segregation in public and private employment.
It also
urges the State party to facilitate legal action by women and women’s
non-governmental organizations on these matters.

343. The Committee is concerned at the apparent lack of legal actions or
court decisions where the Convention and/or Constitution have been used to claim
the right of equality and obtain redress for acts of discrimination.

344. The Committee urges the State party to ensure that adequate
mechanisms and access to legal aid are available to enable women to seek
and
obtain redress from the courts on the basis of the Constitution and the
Convention.

345. The Committee is concerned about the restrictive abortion laws in place
in Portugal, in particular because illegal abortions
have serious negative
impacts on women’s health and well-being.

346. The Committee urges the State party to facilitate a national dialogue
on women’s right to reproductive health, including on
the restrictive
abortion laws. It also urges the State party to further improve family planning
services, ensuring their availability
to all women and men, including teenagers
and young adults. It requests the State party to include information in its next
report
on death and/or illness related to or due to illegal abortion.

347. The Committee expresses concern about the lack of information in the
reports on rural women, who constitute a significant percentage
of the labour
force, and on older women.

348. The Committee requests the State party to provide, in its next
report, information on the situation of rural and older women, especially
as
regards their health, employment and educational status.

349. The Committee is concerned about the feminization of poverty and, in
particular, the situation of women heads of household.

350. Noting that part II of the National Action Plan for Integration,
2001-2003, sets out the objectives of the campaign against poverty, the
Committee requests
that the State party provide, in its next report, information
on the impact on women and girls of measures taken to eradicate poverty.

351. The Committee encourages the State party to complete the formalities
required in order to allow for early ratification of the Optional
Protocol to
the Convention.

352. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report
submitted under article 18 of the Convention.

353. The Committee requests the wide dissemination in Portugal of the
present concluding comments in order to make the people of Portugal,
in
particular government administrators and politicians, aware of the steps that
have been taken to ensure the de jure and de facto
equality of women and of the
further steps that are required in this regard. It also requests the State party
to continue to disseminate
widely, in particular to women’s and human
rights organizations, the Convention, its Optional Protocol, the
Committee’s
general recommendations and the Beijing Declaration and
Platform for Action, and the results of the twenty-third special session
of the
General Assembly, entitled “Women 2000: gender equality, development and
peace for the twenty-first century”.

6. Fifth periodic report

Russian Federation

354. The Committee considered the fifth periodic report of the Russian
Federation (CEDAW/USR/5) at its 543rd and 544th meetings, on
25 January 2002
(see CEDAW/C/SR.543 and 544).

(a) Introduction by the State party

355. Introducing the report of her country, the representative of the Russian
Federation analysed the implementation of the Convention
for the period from
1994 to 1998 and the situation of women within the framework of the current
socio-economic climate and political
situation in the Russian Federation. The
country had experienced an unprecedented transition from a planned economy, a
totalitarian
regime and a one-party political system to a market economy, a
democracy and a multiparty system. Such changes had had a profound
impact on all
aspects of life of the Russian population in general, and on women in
particular, with the despair and fear of the
early 1990s being replaced by a
sense of optimism and hope.

356. The representative noted that the standard of living and personal
incomes of the Russian population had started to rise, emphasizing
that those
positive developments in the economic sphere had allowed the Russian Government
to begin to focus on social policy and
programmes. For example, in the 2002
federal budget, more resources were reallocated to all social spheres. The
priority was to increase
investment in human capital, especially in terms of
improving education and health care.

357. During the period covered by the report, the Government had introduced
various legislative and administrative measures to improve
the status of women,
protect their rights and cushion the impact of the transitional period. Women
had taken an active part in the
reform process, resulting in the expansion of
the women’s movement, especially over the past three years. Women’s
non-governmental
organizations had participated in all major national events and
discussions on socio-economic and political issues. The national
discussion on
the theme “Initiatives of women citizens as a factor of sustainable
development” had been organized within
the Civil Forum which was held in
November 2001. The representative noted that, with the increased dialogue
between women’s
non-governmental organizations and the Government, there
was now a real chance of improving the status of women in the country.

358. Pursuant to the 1995 Beijing Platform for Action, the Government had
identified five main priorities for the advancement of women
in the Russian
Federation. They included women’s participation in decision-making, women
and the economy, human rights of women,
women and health, and the elimination of
violence against women. The second National Plan of Action for the advancement
of women
had been adopted for the period from 2001 to 2005.

359. The representative indicated that, as a result of the efforts of the
Government, women’s participation in political life,
especially at the
regional and municipal levels, had increased. She emphasized the importance of
the adoption, in 2000, of a Law
on Political Parties, which in its article 8
ensured equal rights for women and men to be elected to all political positions.
Despite
new measures and initiatives, the level of women’s participation
in the legislative branch of power remained low, and out of
442 members of the
State Duma (the lower chamber of Parliament) there were 35 women, while out of
175 members of the Federation Council
(the upper chamber of Parliament) there
were only four women. The level of women’s participation in the executive
branch of
power was also low. To address that issue, the “Concept of the
State Civil Service”, currently under development, envisaged
the
introduction of gender-sensitive training to improve the participation of women
at all levels of decision-making.

360. The representative informed the Committee of the adoption of the new
Labour Code, which reflected the request of women’s
non-governmental
organizations to limit the number of occupations barred to women. In addition,
the Government had developed federal
employment programmes for the population
that envisaged quotas for women and included social security provisions for the
most vulnerable
groups of women. She also described plans to conduct a gender
analysis of labour legislation and to develop monitoring procedures
on
women’s participation in the labour market. She shared the
Government’s concern regarding existing discriminatory
practices in the
recruitment and dismissal of women, especially pregnant women, and the
persistence of occupational segregation.
Another source of concern was the
substantial deterioration in the situation of rural women.

361. In order to reduce poverty, the Government was planning to increase the
minimum wage by a factor of 2.5, expand the system of
compensation for housing,
review tax legislation, increase subsidies and allowances for mothers and
children, and proceed with pension
reform. Beginning in 2002, maternity
allowances would be increased threefold. The representative described efforts to
bring the country
out of its demographic crisis by implementing measures to
stimulate the birth rate, provide assistance for families, improve the
health of
the population and reduce maternal and infant mortality.

362. The representative described the health situation in the country. In the
period of transition, the quality of health of the population
had generally
deteriorated, but there had been improvement in the reproductive health of
women. The efforts of the Government had
resulted in a decrease in the number of
abortions, with the absolute number of abortions being reduced by a factor of
1.3, with 1,961
abortions in 2000 as compared, for example, with 2,498 in 1997.
However, only 23.6 per cent of women used effective methods of contraception.
Among other achievements were the reduction of birth pathology, as well as
maternal and infant mortality. Efforts were under way
to improve access to
health services for rural women. Concern existed with respect to the spread of
HIV/AIDS and drug addiction among
women, and measures aimed at combating those
problems had been introduced.

363. The representative indicated that the issue of violence against women,
including domestic violence, continued to be a serious
problem for society.
Surveys suggested that about 70 per cent of women experienced violence at some
time in their lives, and women
constituted 40 per cent of the victims of
premeditated murders. The Government, together with non-governmental
organizations, was
designing and implementing a wide range of measures and
initiatives aimed at eliminating violence against women. They included the
establishment of crisis centres, the introduction of new legislation together
with the revision of existing legislation, awareness-raising
campaigns, the
collection of information and statistical data, gender-sensitive training of law
officials and other programmes. The
Government had also started to pay very
serious attention to the growing problem of sex exploitation and of trafficking
in women
and girls.

364. She reported on further steps undertaken by the Government to strengthen
the national machinery for the advancement of women
and mainstream a gender
perspective into policy decision-making at the national and regional levels. The
role and functions of the
Women’s Commission, which was responsible for
mainstreaming a gender perspective into State policies and programmes in all
areas, within the Government had been strengthened and expanded.

365. The representative indicated that the Commission on the Status of Women
had been established in the upper chamber of Parliament,
and the Department of
Women’s and Children’s Affairs had been established in the Office of
Ombudsmen on Human Rights.
Many regional governing structures had also created
women’s commissions, departments or councils. The newly created
inter-ministerial
commission was responsible for the implementation of regional
plans for the advancement of women, while the newly established “Round
Table” within the Labour Ministry included representatives of
non-governmental and non-commercial organizations and contributed
to the
mainstreaming of a gender perspective in governmental decisions. It also
operated an ongoing negotiating forum between the
authorities and women’s
organizations.

366. In concluding her presentation, the representative noted that, despite
some definite progress in the implementation of the Convention,
the Government
was aware that much more needed to be done to ensure the advancement of women
and the achievement of gender equality.
She articulated her Government’s
commitment to further efforts in that regard.

(b) Concluding comments of the Committee

Introduction

367. The Committee expresses its appreciation to the State party for the
presentation of its fifth periodic report, which followed
the Committee’s
guidelines. It commends the State party on its informative responses to the list
of issues and questions and
the frank and comprehensive oral presentation, which
updated the Committee on developments in the country since the submission of
the
report in 1999.

368. The Committee also commends the State party for sending a delegation
headed by the First Deputy Minister of Labour and Social
Development.

Positive aspects

369. The Committee welcomes the fact that international treaties, including
the Convention, are considered to be a component part
of the State’s legal
system and can be directly invoked in domestic courts.

370. The Committee welcomes the enactment of the 1995 Family Code and the
2001 Federal Act on Political Parties. It welcomes the Government’s
adoption of the 1996 Outline on the advancement of women’s socio-economic
status and the National Action Plan to increase women’s
representation in
decision-making positions.

371. The Committee also welcomes the publicity given to the Convention in the
Russian Federation and the steps taken to distribute
the State party’s
reports and the concluding comments of the Committee.

Factors impeding the implementation of the Convention

372. The Committee considers that the State party’s ongoing
transformation has had a negative effect on women and has posed
an impediment to
the full implementation of the Convention.

Principal areas of concern and recommendations

373. The Committee is concerned that the Constitution which recognizes
women’s right to equality before the law does not contain a definition of
discrimination or expressly prohibit
discrimination on the ground of sex. The
Committee notes that the Constitution has not become an effective instrument to
prevent discrimination.

374. The Committee urges the State party to incorporate in the
Constitution a specific right of non-discrimination on the ground of sex, and a
definition of discrimination, in conformity with article 1 of
the Convention. It
calls on the State party to introduce effective enforcement procedures and take
necessary measures, including
public awareness-raising campaigns to ensure
effect implementation of women’s right to equality.

375. The Committee notes that there is a lack of legislation in critical
areas where there is discrimination against women. It is
concerned that women
are not invoking court procedures to combat sex discrimination because of gaps
in the law, evidentiary barriers,
a general lack of legal awareness and distrust
of the legal system.

376. The Committee recommends that specific legislation and effective
enforcement procedures be adopted to combat and eliminate discrimination
and
respond to violence against women. All such legislation and enforcement
procedures should be accompanied by access to legal aid
and a vigorous
awareness-raising campaign to inform women of their rights.

377. The Committee is concerned that the national machinery for the
advancement of women, including the Commission on Enhancement
of the Status of
Women, may be weakened through its lack of clear legal status and mandate, and
insufficient financial and human
resources.

378. The Committee urges the State party to confer a clear mandate on, and
allocate sufficient financial and human resources to, the national
machinery for
the advancement of women to enable it to ensure the practical realization of
equality for women.

379. The Committee notes with concern the persistence of stereotypes and
discriminatory attitudes with respect to the role of women
and men in the family
and society.

380. While commending the introduction of human rights education in school
curricula, the Committee urges the State party to emphasize
women’s rights
as human rights, to increase awareness-raising programmes, including those
directed towards men, and to take
measures to change stereotypical attitudes and
perceptions about the roles and responsibilities of women and men in the family
and
in society.

381. The Committee is concerned that the representation of women in the
political arena at all levels has been decreasing steadily.

382. While acknowledging the Federal Act on Political Parties of July
2001, the Committee recommends that the State party take further
measures to
give practical and concrete effect to the Act. It requests the State party to
adopt additional temporary special measures
in accordance with article 4,
paragraph 1 of the Convention, in order to increase the number of women at all
levels of political
decision-making.

383. The Committee is deeply concerned at the deteriorating situation of
women in employment and that women are the overwhelming majority
of workers in
lower level and low-paying jobs in the various parts of the public sector. It is
concerned that women experience significant
discrimination in the private
sector, and have a low share of the high-paying jobs in that sector. It is also
concerned that women
constitute the majority of the long-term unemployed.

384. The Committee urges the enactment of an equal employment opportunity
law, prohibiting discrimination in hiring, promotion, employment
conditions and
dismissal, requiring equal pay for work of equal value and providing for
effective enforcement procedures and remedies.
It recommends that such
legislation include temporary special measures, with time-bound targets, in
accordance with article 4, paragraph
1, of the Convention, to increase the
number of women in higher-level jobs in the public and private sectors.

385. While noting the State party’s policy of protecting women against
unsafe working conditions, the Committee is concerned
that 12 per cent of women
work in conditions which do not meet health and safety standards. It is also
concerned about the exclusion
of women of childbearing age from a list of 456
jobs, which may result in the effective exclusion of women from certain
employment
sectors. The Committee notes that the list is under reconsideration
and also notes that employers may employ women in the prohibited
jobs if the
necessary standards are in place.

386. The Committee recommends that the State party require all employers
to conform to the mandated standards, which would allow both women
and men to
work in proper conditions of health and safety. Bearing in mind article 11.3 of
the Convention, it recommends continued
review of the list of prohibited jobs,
in consultation with women’s non-governmental organizations, with a view
to reducing
their number.

387. The Committee is concerned at the feminization of poverty and, in
particular, that women constitute a large proportion of single-parent
families
and of the working poor, and at the disproportionate impact of the remaining
debt in unpaid back-wages on women in public
employment and the poverty of older
women.

388. The Committee recommends that, in addition to the measures to reduce
poverty in the Programme for Socio-Economic Development of July
2001, the State
party collate accurate data on the extent of women’s poverty and its
causes and, urgently, take special positive
measures to alleviate women’s
poverty as a distinct structural problem.

389. The Committee is deeply disturbed at the high level of domestic violence
and of murder of women in this context. It is very concerned
that law
enforcement officials, in particular tend to view such violence as a private
matter between spouses and family members and
not as grave crimes. The Committee
also regrets that the State party has not taken urgent necessary effective
measures to combat
domestic violence and that none of the numerous draft bills
on domestic violence has been adopted.

390. The Committee urges the State party to place a high priority on
measures to address violence against women in the family and society,
and adopt
laws, policies and programmes in accordance with its general recommendation 19
and the United Nations Declaration on Violence
against Women. The Committee
recommends that the State party increase its programmes on violence against
women, in particular awareness-raising
campaigns. It also urges the State party
to provide training for law enforcement personnel at all levels, lawyers and
judges, health-care
professionals and social workers with respect to violence
against women in the household and society.

391. The Committee is concerned about reports of ill-treatment of women in
pre-detention centres and in prisons. The Committee is
deeply concerned by the
fact that, despite credible evidence that police officials have used violence
against women in custody, the
State party has not, as a rule, investigated,
disciplined or prosecuted offenders. The Committee is also disturbed by the fact
that,
despite strong evidence that members of the Russian forces have committed
acts of rape or other sexual violence against women in
the context of the armed
conflict in Chechnya, the State party has failed to conduct the necessary
investigations or hold anyone
accountable in the vast majority of cases.

392. The Committee urges the State party to take necessary measures to
ensure that custodial violence by officials, including acts of sexual
violence
against women and girls in detention or under investigation, are prosecuted and
punished as grave crimes. It also urges
the State party to adopt preventive
measures, including swift disciplinary inquiries and human rights education
programmes for the
armed forces and law enforcement personnel.

393. The Committee is concerned about reports regarding the great increase in
prostitution and, in particular, at the number of girl
street children who are
exploited as prostitutes. It is concerned that the poverty of women and girls is
the major causal factor.

394. Noting the State party’s programmes of action to provide street
children with shelter, subsistence and education, the Committee
urges the State
party to continue and extend such programmes and to apply them, appropriately
modified and strengthened, to women
forced into prostitution by poverty. It also
urges giving priority to the prosecution of those who exploit prostitutes and of
adults
involved in the exploitation of child prostitutes, with the introduction
of special legislative provisions, if necessary.

395. The Committee is concerned at the extent of trafficking of Russian women
to foreign countries for sexual exploitation. It notes
that, in the period from
1994 to 1997, only four court cases were brought and seven persons were
convicted for such offences. In
addition, the Committee is concerned that the
Russian Federation itself has become a country of destination for trafficked
women.

396. The Committee recommends the formulation of a comprehensive strategy
to combat the trafficking of women, which should include the
prosecution and
punishment of offenders, increased international regional and bilateral
cooperation, in particular with countries
of destination and transit, witness
protection and the rehabilitation of women and girls who have been victims of
trafficking. The
Committee requests the State party to provide, in its next
report, comprehensive information on the trafficking of women and girls.

397. Noting the measures taken by the State party to combat the effect of
HIV/AIDS on pregnant women, the Committee is concerned that
the State party
regards HIV/AIDS as primarily resulting from the conduct of individuals in the
context of drug abuse and alcoholism.

398. The Committee urges the State party to address the gender aspects of
HIV/AIDS, including the power differential between women and
men, which often
prevents women from insisting on safe and responsible sex practices. It
encourages the State party to strengthen
its efforts to raise awareness and
educate women and girls on ways to protect themselves from HIV/AIDS. The
Committee urges the State
party to ensure the equal rights and the access of
women and girls to detection, health care and social services.

399. The Committee is concerned at the deterioration of the health-care
system, which severely limits women’s access to health
care. It is also
concerned at the state of women’s health, in particular the increase in
gynaecological problems and pregnancies
among teenage girls. The Committee also
notes with concern that, although there has been a decrease in the rate of
abortions, abortion
continues to be used as a method of birth control and the
number of women using effective contraceptive measures is low.

400. The Committee recommends in accordance with general recommendation 24
on article 12 — women and health that the State party
fully implement a
life-cycle approach to women’s health and urges the State party to
strengthen family planning programmes
and provide affordable access to
contraceptive measures for all women in all regions. It also urges the State
party to include sex
education in the school curriculum.

401. The Committee expresses concern with regard to the situation of rural
women and, in particular, their degree of access to income-generating
activities.

402. The Committee requests the State party to provide more information
and data on the situation of rural women in its next periodic report.
It
recommends that the State party pay greater attention to the situation of rural
women and develop special policies and programmes
aimed at their economic
empowerment, ensuring their access to capital and productive resources.

403. The Committee welcomes the State party’s commitment to
ratifying the Optional Protocol to the Convention in 2003, and to deposit
as
soon as possible its instrument of acceptance to the amendment to article 20,
paragraph 1, of the Convention.

404. The Committee urges the State party to respond in its next periodic
report to the specific issues raised in the present concluding
comments and to
provide updated data and statistics disaggregated by sex and age.

405. The Committee requests the wide dissemination in the Russian
Federation of the current concluding comments in order to inform the
public in
general, and government administrators and politicians in particular, of the
steps that have been taken to ensure the de
jure and de facto equality of women
as well as of further steps that are required in this regard. It also requests
the State party
to continue to disseminate widely, in particular to
women’s and human rights organizations, the Convention, its Optional
Protocol,
the Committee’s general recommendations, the Beijing Declaration
and Platform for Action, and the results of the twenty-third
special session of
the General Assembly, entitled “Women 2000: gender equality, development
and peace for the twenty-first
century”.

Chapter V

Activities carried out under the Optional Protocol

to the Convention

406. Article 12 of the Optional Protocol to the Convention provides that the
Committee shall include in its annual report under article
21 of the Convention
a summary of its activities under the Protocol.

407. The Committee adopted the draft model communication form which had been
formulated by the Working Group on the Optional Protocol.
The communication
form, as finalized, was as follows:

The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women entered into force on 22
December 2000. It entitles
the Committee on the Elimination of Discrimination against Women, a body of 23
independent experts, to
receive and consider communications (petitions) from, or
on behalf of, individuals or a group of individuals who claim to be victims
of
violations of the rights protected by the Convention.

To be considered by the Committee, a communication:

• must be in writing;

• may not be anonymous;

• must refer to a State which is a party to both the Convention on the
Elimination of All Forms of Discrimination against Women
and the Optional
Protocol;

• must be submitted by, or on behalf of, an individual or a group of
individuals under the jurisdiction of a State which is
a party to the Convention
and the Optional Protocol. In cases where a communication is submitted on behalf
of an individual or a
group of individuals, their consent is necessary unless
the person submitting the communication can justify acting on their behalf
without such consent.

A communication will not normally be considered by the
Committee:

• unless all available domestic remedies have been exhausted;

• where the same matter is being or has already been examined by the
Committee or another international procedure;

• if it concerns an alleged violation occurring before the entry into
force of the Optional Protocol for the State.

In order for a communication to be considered the victim or victims must
agree to disclose her/their identity to the State against
which the violation is
alleged. The communication, if admissible, will be brought confidentially to the
attention of the State party
concerned.

* * *

If you wish to submit a communication, please follow the guidelines below
as closely as possible. Also, please submit any relevant
information which
becomes available after you have submitted this form.

Further information on the Convention on the Elimination of All Forms

of Discrimination against Women and its Optional Protocol, as well as the
rules of procedure of the Committee can be found at: http://www.un.org/

womenwatch/daw/cedaw/index.html

Guidelines for submission

The following questionnaire provides a guideline for those who wish to
submit a communication for consideration by the Committee
on the Elimination of
Discrimination against Women under the Optional Protocol to the Convention on
the Elimination of All Forms
of Discrimination against Women. Please provide as
much information as available in response to the items listed below.

Has the same matter already been examined or is it being examined under
another procedure of international investigation or settlement?
If yes,
explain:

• Type of procedure(s)

• Date(s)

• Place(s)

• Results (if any)

Please note: Enclose copies of all relevant documentation.

7. Date and signature

Date/place: _____________________

Signature of author(s) and/or victim(s):

_______________________________

8. List of documents attached (do not send originals, only
copies)

Chapter VI

Ways and means of expediting the work of the Committee

408. The Committee considered agenda item 7, on ways and means of expediting
its work, at its 529th and 549th meetings, on 14 January
and 1 February 2002
(see CEDAW/C/SR.529 and 549).

409. In introducing the item, the Chief of the Women’s Rights Unit of
the Division for the Advancement of Women, Department
of Economic and Social
Affairs of the United Nations Secretariat, drew attention to the report of the
Secretariat (CEDAW/C/2002/I/4).
She also drew attention to the two informal
documents containing the compilation of the concluding comments of the
Committee, prepared
in response to the request of the Committee at its
twenty-fourth session, and the compilation of the decisions and suggestions on
working methods adopted by the Committee since its first session in 1982, also
prepared in response to the request of the Committee
at its twenty-fourth
session.

Action taken by the Committee under agenda item 7

1. Members of the pre-sessional working group for the twenty-seventh
session

410. The Committee decided that the members of the pre-sessional working
group for the twenty-seventh session and their alternates
should be:

Members:

Charlotte Abaka (Africa)

Rosario Manalo (Asia)

Ivanka Corti (Europe)

Yolanda Ferrer Gómez (Latin America and the Caribbean)

Alternates:

Mavivi Myakayaka-Manzini (Africa)

Heisoo Shin (Asia)

Göran Melander (Europe)

Rosalyn Hazelle (Latin America and the Caribbean)

2. Dates of the twenty-seventh session of the Committee and its
pre-sessional working group

411. In conformity with the approved calendar of conferences and meetings for
2002, the twenty-seventh session of the Committee will
be held from 3 to 21 June
2002. It was agreed that the pre-sessional working group for the twenty-eighth
session would meet from
24 to 28 June 2002.

3. Reports to be considered at future sessions

412. The Committee decided to consider the following reports at its
twenty-seventh, exceptional, twenty-eighth and twenty-ninth sessions:

(a) Twenty-seventh session:

(i) Initial reports:

Congo;

Costa Rica;

St. Kitts and Nevis;

(ii) Combined third and fourth periodic reports:

Belgium;

Tunisia;

Zambia;

(iii) Combined fourth and fifth periodic report:

Ukraine;

(iv) Fourth and fifth periodic reports:

Denmark.

In the event that one of the above-mentioned States parties is unable to
present its report, the Committee would consider the initial
report of
Suriname.

(b) Exceptional session authorized by the General Assembly at its
fifty-sixth session in its resolution 56/229:

4. United Nations meetings to be attended by the Chairperson or members
of the Committee in 2002

413. The Committee recommended that the Chairperson or an alternate attend
the following meetings in 2002:

(a) The forty-sixth session of the Commission on the Status of Women;

(b) The fifty-eighth session of the Commission on Human Rights;

(c) The day of general discussion of the Committee on Economic, Social and
Cultural Rights on the Equal Right of Men and Women to
the Enjoyment of all
economic, social and cultural rights, to be held on 13 May 2002;

(e) The fifty-seventh session of the General Assembly (Third Committee).

Chapter VII

Implementation of article 21 of the Convention

414. The Committee considered agenda item 6, on the implementation of article
21 of the Convention, at its 529th and 549th meetings
(see CEDAW/C/SR.529 and
549).

415. The item was introduced by the Chief of the Women’s Rights Unit of
the Division for the Advancement of Women, Department
of Economic and Social
Affairs of the United Nations Secretariat, who drew attention to a note by the
Secretary-General on the reports
of specialized agencies (CEDAW/C/2002/I/3) and
the reports of specialized agencies on the implementation of the Convention in
areas
falling within the scope of their activity (CEDAW/C/2002/I/3/Add.1-4).

Action taken by the Committee under agenda item 6

1. General recommendation on article 4, paragraph 1, of the
Convention

416. In accordance with its three-stage process for the preparation of
general recommendations, the Committee agreed to hold an open
discussion with
representatives of United Nations system bodies and non-governmental
organizations on article 4.1 of the Convention
at its twenty-seventh session, in
June 2002. It also designated one of its members to prepare a draft general
recommendation on article
4.1 of the Convention to be circulated to the
Committee prior to its twenty-eighth session, to be held in January 2003.

2. Statement of solidarity with Afghan women

417. On the occasion of its twenty-sixth session, the Committee on the
Elimination of Discrimination against Women fully expresses
its solidarity with,
and support for, the women of Afghanistan.

418. Afghan women have suffered for a considerable time every privation known
to humankind, losing all their fundamental human rights,
particularly the right
to life, education, health and work.

419. The participation of Afghan women as full and equal partners with men is
essential for the reconstruction and development of
their country.

420. The Committee welcomes the resolve of the international community to
assist in the reconstruction of Afghanistan, and calls upon
all parties
concerned to respect internationally recognized principles, norms and standards
of human rights, particularly the human
rights of women, which are an
inalienable, integral and indivisible part of universal human rights, in all
their actions and activities.
The Committee considers this essential in order to
achieve peace and stability in the country.

421. The Committee expresses the hope that the human rights of women, as
provided for in the Convention on the Elimination of All
Forms of Discrimination
against Women, signed by Afghanistan in 1980, will guide all actions in both the
public and private spheres.

3. Gender and sustainable development

422. The Committee on the Elimination of Discrimination against Women
welcomes the decision to convene the World Summit on Sustainable
Development
with a view to launching new concrete action programmes to implement a clear
global agenda for sustainable development.
It notes that that agenda is based on
Agenda 21, chapter 24 of which emphasizes women’s contribution to
development, the Rio
Declaration on Environment and Development and related
initiatives, and conventions related to the United Nations Conference on
Environment
and Development.

423. The Committee wishes to emphasize that peaceful conflict management and
resolution at the national and international levels,
with participation of women
in negotiations, is essential for the achievement of sustainable
development.

424. The Committee’s work has highlighted the urgent need to ensure
that globalization, policies and plans of action that facilitate
international
trade and the transition to market economic policies are gender-sensitive and
improve the quality of life of women,
who constitute more than 50 per cent of
the population in almost all countries. It urges that the concept of sustainable
development
be perceived as gender-sensitive, people-centred human development,
based on equality and equity, participation of government and
civil society,
transparency and accountability in governance. The Committee wishes to emphasize
that sustainable development in that
sense can only be achieved by the full
realization of human rights, including the human rights of women and the
inter-generational
rights of all communities.

425. The Convention on the Elimination of All Forms of Discrimination against
Women is one of the first international human rights
instruments to combine
civil and political rights and socio-economic rights. The Convention, the
Beijing Declaration and Platform
for Action and the Political Declaration and
outcome document of the twenty-third special session of the General Assembly
must therefore
be recognized as important legal, policy and programmatic
instruments that also provide a clear agenda that must be integrated into
sustainable human development.

426. The Committee therefore calls upon the Summit to integrate gender
equality into the new action plan for sustainable development
since development
efforts that are not engendered are endangered and cannot be sustained,
particularly in an increasingly interdependent
world economy. If sustainable
development is to realize economic, social and environmental goals,
women’s needs and concerns
must be given equal priority with those of men.
Furthermore, women’s contribution must be recognized, enhanced and given
full
visibility in working towards sustainable development.

427. The reports submitted to the Committee by States parties demonstrate
that women all over the world continue to suffer discrimination
because of their
sex. They are excluded to varying extents from full participation, on equal
terms with men, in the political, social
and economic life of their
societies.

428. Women are also disproportionately affected by the negative impact of
external debt, the implementation of structural adjustment
programmes, the
decrease in the price of local produce, the decline in levels of development
assistance and growing disparities in
the distribution of wealth. They are often
disadvantaged in terms of the benefits of economic and social development, in
particular
education and employment, and suffer disproportionately from poverty,
malnutrition and inadequacy of health care. All those phenomena
are particularly
severe in rural areas, where about three quarters of the world’s poor live
and work.

429. Convinced that sustainable development cannot be achieved without
addressing the above problems or a commitment to the full realization
of the
human rights of women or without ensuring women’s full participation in
implementing the agenda for sustainable development,
the Committee recommends
that:

(a) Women be considered as stakeholders with an important contribution to
make to sustainable development. The empowerment of women,
at all levels, in
leadership and decision-making roles in government and as responsible members of
civil society must be considered
central to sustainable development;

(b) Poverty reduction programmes consider and address the problem of the
feminization of poverty and the need to create sustainable
livelihoods for rural
and urban women;

(c) Providing women with access to adequate health care, including
reproductive health care, and providing women and men with the
knowledge and
means to avoid the spread of HIV/AIDS be considered a critical aspect of
sustainable development;

(d) Since investment in the education and capacity-building of women and
girls is a catalyst for improved social indicators and human
development in all
countries, greater emphasis be given to the education of women and girls,
particularly as regards access to scientific
education and modern information
and communication technology;

(e) Controls, laws and policies be adopted and implemented to prevent the
negative and harmful impact of tourism, which, although
it is an important
growth sector, often results in sexual exploitation, trafficking and violence
against women and children;

(f) Resources be allocated to preventing and eliminating all forms of
violence against women since the prevalence of such violence
constitutes a
serious impediment to sustainable development, peace and stability in all
societies;

(g) While recognizing that industry contributes to economic growth and
employment creation, codes of ethics and action programmes
be formulated and
implemented for multinational corporations, especially those that operate in
investment and export promotion zones.
The Committee also considers that there
is an urgent need to develop and promote the concept of corporate responsibility
to women
workers so that they are offered equitable employment conditions, with
adequate safeguards for occupational health;

(h) Sustainable forest management systems be developed to address the
concerns of rural women, recognizing in particular women’s
land
entitlement;

(i) Increased access to safe drinking water and adequate sanitation
facilities be provided;

(j) Priority be given in developing action plans and measures to address
climate change, pollution and their adverse effects, in
particular on the health
of women and children;

(k) Further policies and measures be developed to mitigate the adverse
effects of natural disasters on women and children;

(l) Action plans be developed to make general credit facilities accessible
to women at all levels and to expand microfinancing for
low-income women’s
entrepreneurial activities;

(m) Particular attention be given to reducing poverty among older women, who
constitute the majority of the over-60 population in
many countries;

(n) Intergovernmental processes in the United Nations system promote
holistic approaches to development through gender-sensitive
policy formulation,
decision-making and financing, in partnership with national Governments,
relevant regional organizations and
civil society. The Committee considers that
programming and decision-making in that participatory manner is critical for
sustainable
development.

4. Ending discrimination against older women through the
Convention

430. The Committee on the Elimination of Discrimination against Women
welcomes the convening of the second World Assembly on Ageing
in Madrid, and
urges that special attention be focused on the special needs of older women. The
situation of older women is of concern
to the Committee, which is the United
Nations treaty body in charge of monitoring the implementation of the 1979
Convention on the
Elimination of All Forms of Discrimination against Women. The
Convention, often described as the international bill of rights for
women,
defines what constitutes discrimination against women and sets up an agenda for
national action to end such discrimination.

431. The Convention is an important tool for addressing the specific issue of
the human rights of older women. Discrimination against
women in all areas of
their lives throughout their lifespan has a severe and compounded impact on
women in old age. The Committee
has increasingly used the Convention to point
out the discrimination faced by older women in all countries of the world and,
in its
concluding comments, has suggested ways to improve the quality of life of
these women. In particular, the Committee has recommended
action, inter alia, to
address the situation of older women living in poverty, particularly in rural
areas; to address the physical,
financial and emotional needs of older women;
and to improve older women’s access to health care.

432. The Committee therefore urges States parties to include and integrate
women’s perspectives into all aspects of the proposed
international
strategies for action on ageing.

433. The Committee places strong emphasis on the need for Governments to
collect and analyse statistical data disaggregated by sex
and age as a way to
better assess living conditions, including the incidence of poverty and violence
against women of all ages, and
stresses the importance of formulating and
implementing programmes with a life-cycle approach to older women’s
economic and
social well-being and empowerment.

434. Furthermore, the Committee recommends that special attention be paid to
improving the further education of older women. The Committee
recommends that
measures be taken to increase the literacy levels of older women and to reduce
the literacy gap between older women
in urban and rural areas. It also
recommends the design and implementation of gender-sensitive policies and
programmes that address
the specific needs of older women, including those
relating to their physical, mental, social and economic well-being.

435. Older women, for a variety of reasons, including their work as unpaid
family members in the informal sector, part-time work,
interrupted career
patterns and concentration in low-paying jobs, are often insufficiently covered
by health insurance and pension
schemes. Migration and the breakdown of
supportive family structures often leave older women dependent on State
assistance the providers
of which have not been trained to recognize or meet
their specific educational, financial and health needs. The Committee recommends
that the issue of the care required for older women be addressed through public
policy measures in order to establish societal responsibility
for their
well-being. Care given to them by family members should be socially and
financially recognized and encouraged.

436. Special recognition should be provided to the contribution of women to
their families, the national economy and civil society
throughout their life
span: stereotypes and taboos that restrict or limit older women from continuing
to contribute should be eliminated.

Chapter VIII

Provisional agenda for the twenty-seventh session

437. The Committee considered the draft provisional agenda for its
twenty-seventh session at its 549th meeting (see CEDAW/C/SR.549).
The Committee
decided to approve the following provisional agenda for the session:

1. Opening of the session.

2. Adoption of the agenda and organization of work.

3. Report of the Chairperson on activities undertaken between the
twenty-sixth and twenty-seventh sessions of the Committee.

4. Consideration of reports submitted by States parties under article 18 of
the Convention on the Elimination of All Forms of Discrimination
against
Women.

5. Implementation of article 21 of the Convention on the Elimination of All
Forms of Discrimination against Women.

6. Ways and means of expediting the work of the Committee.

7. Provisional agenda for the exceptional and twenty-eighth sessions.

8. Adoption of the report of the Committee on its twenty-seventh
session.

Chapter IX

Adoption of the report

438. The Committee considered the draft report on its twenty-sixth session
(CEDAW/C/2002/I/L.1 and CEDAW/C/2002/I/CRP.3 and Add.1-7)
at its 549th meeting
(see CEDAW/C/SR.549), and adopted it, as orally revised during the
discussion.

Part two

Report of the Committee on the Elimination of Discrimination against Women
on its

twenty-seventh session

Letter of transmittal

His Excellency Mr. Kofi Annan

Secretary-General of the United Nations

New York

15 September 2002

Sir,

I have the honour to refer to article 21 of the Convention on the
Elimination of All Forms of Discrimination against Women, according
to which the
Committee on the Elimination of Discrimination against Women, established
pursuant to the Convention, “shall,
through the Economic and Social
Council, report annually to the General Assembly of the United Nations on its
activities”.

The Committee on the Elimination of Discrimination against Women held its
twenty-seventh session at United Nations Headquarters from
3 to 21 June 2002. It
adopted its report on the session at the 567th meeting, on 21 June 2002.
The report of the Committee is herewith
submitted to you for transmission to the
General Assembly at its fifty-seventh session.

Accept, Sir, the assurances of my highest consideration.

(Signed) Charlotte Abaka

Chairperson

Committee on the Elimination of Discrimination against Women

Chapter I

Matters brought to the attention of States parties

Decisions

Decision 27/I

Reporting guidelines of the Committee

The Committee decided to adopt revised guidelines for the reports of States
parties (see annex).

Decision 27/II

The Committee decided to convene a meeting with States that are not party to
the Convention during its twenty-eighth session, in
January 2003.

Chapter II

Organizational and other matters

A. States parties to the Convention on the Elimination of All Forms of
Discrimination against Women

1. As at 21 June 2002, the closing date of the twenty-seventh session of the
Committee on the Elimination of Discrimination against
Women, there were 170
States parties to the Convention on the Elimination of All Forms of
Discrimination against Women, which was
adopted by the General Assembly in its
resolution 34/180 of 18 December 1979, and opened for signature, ratification
and accession
in New York in March 1980. In accordance with article 27, the
Convention entered into force on 3 September 1981.

B. Opening of the session

2. The Committee held its twenty-seventh session at United Nations
Headquarters from 3 to 21 June 2002. The Committee held 18 plenary
meetings
(550th to 567th) and held 19 meetings to discuss agenda items 5 and 6.

3. The session was opened by the Chairperson of the Committee, Charlotte
Abaka (Ghana), who had been elected at the twenty-fourth
session of the
Committee, in January 2001.

4. In addressing the twenty-seventh session of the Committee, the
representative of the Secretary-General, Carolyn Hannan, Director
of the
Division for the Advancement of Women, welcomed all members of the Committee to
United Nations Headquarters. She noted the
seminar held from 22 to 24 April at
the Raoul Wallenberg Institute for Human Rights and Humanitarian Law in Lund,
Sweden, which had
been attended by most members, to consider the working methods
of the Committee. A number of decisions adopted at the seminar were
contained in
the report of the Secretariat on ways and means of expediting the work of the
Committee (CEDAW/C/2002/II/4).

5. Ms. Hannan reported on several events that had taken place since the
twenty-sixth session of the Committee and on activities carried
out by the
Division and the Office of the Special Adviser on Gender Issues and Advancement
of Women. The forty-sixth session of the
Commission on the Status of Women had
been held from 4 to 15 March and on 25 March 2002.

6. Several resolutions and decisions adopted by the Commission on Human
Rights had made specific reference to the work of the Committee
and the work of
all the human rights treaty bodies. In particular in resolution 2002/30 on human
rights and extreme poverty, the
Commission had called upon the Committee to take
into account extreme poverty and human rights when considering the reports of
the
States parties; in resolution 2002/49 on women’s equal ownership,
access to and control over land and the equal rights to own
property and to
adequate housing, it had encouraged the Committee to integrate the content of
this resolution into its work; and
in resolution 2002/52 on the elimination of
violence against women, the Commission had reminded Governments that their
obligation
under the Convention must be implemented fully with regard to
violence against women, taking into account the Committee’s general
recommendation 19. The representative also highlighted resolution 2002/31 on the
right of everyone to the enjoyment of the highest
attainable standard of
physical and mental health, in which the Commission established a special
rapporteur on the right to health
and called upon him or her to take account of
the Committee’s general recommendation 24 on article 12.

7. The representative of the Secretary-General also stated that, during the
recent session of the Commission on Human Rights, she
had had the opportunity to
participate, along with the Committee’s Chairperson, in a panel discussion
organized by the Office
of the United Nations High Commissioner for Human Rights
and the Non-Governmental Organization Committee on the Status of Women on
combating racism and promoting women’s rights.

8. Ms. Hannan indicated that the World Assembly on Ageing had taken place in
Madrid from 8 to 12 April 2002, and had been attended
on behalf of the Committee
by Hanna Beate Schöpp-Schilling, who presented the contribution of the
Committee in her address to
the Main Committee of the Assembly. The outcome
documents adopted by the Assembly drew attention to particular needs of older
women,
which result, inter alia, from the fact that their life patterns are
different from those of men.

9. The special session of the General Assembly on Children took place from 8
to 10 May 2002, and Regina Tavares da Silva participated
in the special session
on the Committee’s behalf, presenting its contribution to the Ad Hoc
Committee of the Whole. Ms. Tavares
da Silva participated in a panel discussion
entitled “Women and children: from international law to national
realities”,
organized by the Office of the Special Adviser on Gender
Issues and Advancement of Women, the Division for the Advancement of Women,
the
Office of Legal Affairs and the United Nations Children’s Fund
(UNICEF).

10. Ms. Hannan indicated that the Office of the Special Adviser on Gender
Issues and Advancement of Women and the Division for the
Advancement of Women
continued to take every opportunity to encourage ratification of the Convention
and the Optional Protocol, as
well as acceptance of the amendment to article 20,
paragraph 1, on the Committee’s meeting time. Both offices also seek to
encourage regular reporting and implementation of the substantive article of the
Convention in States parties. She indicated that
she had participated with the
Committee’s Chairperson and the Chief of the Women’s Rights Section,
Jane Connors, in a
seminar held in the Swedish Parliament in Stockholm on
follow-up of the Committee’s concluding comments on the report of Sweden.
The Chief of the Women’s Rights Section had provided training for
government officials in Bosnia and Herzegovina on the Convention
and one staff
member from the Women’s Rights Unit had participated in a meeting
organized by the United Nations Development
Programme (UNDP) in Kuala Lumpur on
the formulation of the next phase of the UNDP programme on promoting gender
equality in the Asia-Pacific
region. Sjiamsiah Achmad, a member of the
Committee, had also participated in the meeting.

C. Attendance

11. Twenty-three members of the Committee attended the twenty-seventh
session. Emna Aouij attended from 12 to 21 June, Naela Gabr
from 17 to 21 June
and Savitri Goonesekere from 10 to 21 June. Yolanda Ferrer Gomez attended from
17 to 21 June because of the late
issuance of her entry visa.

D. Adoption of the agenda and organization of work

12. The Committee considered the provisional agenda and organization of work
(CEDAW/C/2002/II/1) at its 550th meeting. The agenda,
as adopted, was as
follows:

1. Opening of the session.

2. Adoption of the agenda and organization of work.

3. Report of the Chairperson on activities undertaken between the
twenty-sixth and twenty-seventh sessions of the Committee.

4. Consideration of the reports submitted by States parties under article 18
of the Convention on the Elimination of All Forms of
Discrimination against
Women.

5. Implementation of article 21 of the Convention on the Elimination of All
Forms of Discrimination against Women.

6. Ways and means of expediting the work of the Committee.

7. Provisional agenda for the exceptional session and for the twenty-eighth
session.

8. Adoption of the report of the Committee on its twenty-seventh
session.

E. Report of the pre-session working group

13. A pre-session working group was convened from 4 to 8 February 2002 to
prepare lists of issues and questions relating to the periodic
reports that
would be considered by the Committee at its twenty-seventh session.

14. The pre-session working group met together with the pre-session working
group for the exceptional session which had been authorized
by the General
Assembly in its resolution 56/229 of 24 December 2001. The following 10 members
of the Committee participated: Charlotte
Abaka (Africa), Ivanka Corti (Europe),
Yolanda Ferrer Gomez (Latin America and the Caribbean), Rosalyn Hazelle (Latin
America and
the Caribbean), Rosario Manalo (Asia), Göran Melander (Europe),
Mavivi Myakayaka-Manzini (Africa), Frances Livingstone Raday
(Europe), Zelmira
Regazzoli (Latin America and the Caribbean) and Heisoo Shin (Asia).

15. The working group prepared lists of issues and questions relating to the
reports of five States parties, namely, Belgium, Denmark,
Tunisia, Ukraine and
Zambia.

16. At its 550th meeting, on 3 June, the Chairperson of the pre-session
working group, Mr. Melander, introduced the report of the
group.

Chapter III

Report of the Chairperson on the activities undertaken between the
twenty-sixth and twenty-seventh sessions of the Committee

17. Ms. Abaka, the Chairperson of the Committee, reported on her attendance
at the forty-sixth session of the Commission on the Status
of Women, where she
made a statement and participated in panel discussions. She also participated in
a meeting organized by the Organization
of African Unity with representatives of
States parties from Africa, during which she discussed the Convention, its
Optional Protocol
and the reporting obligations of States parties. She also drew
attention to the availability of technical assistance from the Division
for the
Advancement of Women at the request of States parties. The Chairperson also
participated in the International Women’s
Day celebration on 8 March,
which was dedicated to Afghan women, during which the Committee’s message
of solidarity with the
women of Afghanistan, adopted at its twenty-sixth
session, was read.

18. Ms. Abaka informed the Committee of her participation in the fifty-eighth
session of the Commission on Human Rights and side events
to that session. She
informed the Committee that efforts should be made to make the work of the
Committee better known among the
Geneva-based human rights mechanisms and
non-governmental organizations, through, inter alia, Internet technology.

19. The Chairperson informed the Committee of her activities following the
seminar at the Raoul Wallenberg Institute for Human Rights
and Humanitarian Law,
which had been attended by most members. Immediately following that seminar, she
had travelled with the Director
of the Division for the Advancement of Women and
the Chief of the Women’s Rights Section of the Division to Stockholm in
order
to participate in a half-day seminar for non-governmental organizations on
the implementation of the concluding comments of the Committee
on the report of
Sweden in that State party. She indicated that the seminar had been well
attended and that there was significant
interest in the Convention, its Optional
Protocol and the work of the Committee in Sweden. The Chairperson also had the
opportunity
to meet with the Speaker of the Swedish Parliament, and several
government Ministers who were extremely interested in the Committee’s
work. Ms. Abaka noted that her activities in Sweden made it clear that the
Committee should consider developing a mechanism for following
up its concluding
comments on reports of States parties. She indicated that that would be a topic
for discussion at the first Inter-Committee
meeting, which would be held at the
Office of the United Nations High Commissioner for Human Rights immediately
following the twenty-seventh
session of the Committee; she and Ms. Corti and Ms.
Gonzalez would attend on the Committee’s behalf.

Chapter IV

Consideration of reports submitted by States parties under article 18 of
the Convention

A. Introduction

20. At its twenty-seventh session, the Committee considered the reports of
seven States parties under article 18 of the Convention:
the combined initial
and second report of one State party; combined initial, second, third and fourth
reports of one State party;
the combined third and fourth periodic reports of
three States parties; the combined fourth and fifth periodic reports of one
State
party; and the fourth and fifth periodic reports of one State party.

21. The Committee prepared concluding comments on each of the States parties
considered. The Committee’s concluding comments,
as prepared by members of
the Committee, and a summary of the introductory presentations by the
representatives of the States parties
are provided below.

B. Consideration of reports of States parties

1. Combined initial and second periodic report

Suriname

22. The Committee considered the combined initial and second periodic report
of Suriname (CEDAW/C/SUR/1-2) at its 557th, 558th, and
566th meetings on 7 and
13 June 2002 (CEDAW/C/SR.557, 558 and 566).

Introduction by the State party

23. In introducing the report, the representative of Suriname stated that the
Government took gender development and gender policy
very seriously. In 1983, an
official governmental Women’s Bureau had been established, and in 1998 a
National Gender Bureau
had been incorporated in the Ministry of Home Affairs.
The Government had participated in international women’s conferences,
the
recommendations of which provided valuable inputs for its gender policy. A
special passage regarding gender had been included
in its Declaration 2000-2005
and, taking into consideration the Beijing Platform for Action and the Caribbean
Community Post-Beijing
Plan of Action, an Integral Gender Action Plan had been
prepared for the period 2000-2005. A gender management system had been set
up in
order to manage and coordinate gender actions from within different ministries
and to ensure gender mainstreaming. In 2001,
the Ministry of Home Affairs had
established the Commission on Gender Legislation with the task of advising and
elaborating legislation
in conformity with the Convention and with the
Inter-American Convention on the Prevention, Punishment and Eradication of
Violence
against Women.

24. In order to contextualize the current gender policy, the representative
highlighted the socio-economic and political situation
of the country. She
noted, in particular, the serious negative impact of the current economic crisis
on all layers of the community
and on the lives of women.

25. The principle of equality of women and men was embodied in the
Constitution, which prohibited discrimination, including on the basis of sex. If
a woman was discriminated against on the basis of sex, she could
resort to the
common court.

26. In Suriname, women and men had equal access to education as guaranteed by
the Constitution. Education at all levels was almost completely State-funded and
was in principle free of charge for everyone, although that was likely
to change
in view of the current economic crisis. The representative pointed out that
there were no available data on dropouts, but
girls tended to drop out of school
as a result of pregnancy. In order to encourage teenage mothers to complete
their schooling, in
1989 the Government had initiated a student-mothers’
project which, in 1992, had passed into the hands of a non-governmental
organization. The representative informed the Committee that Suriname had always
had a reasonably well developed public health system.
However, since the early
1990s, owing to increasing poverty, there had been a reduction in access to
medical facilities. Up to 2002
about 6,000 people had been infected with the
HIV/AIDS virus, and more women than men were infected among the younger age
groups.
In order to fight the disease, the Government had undertaken several
activities in the field of policy, research and education.

27. The representative pointed out that the Constitution guaranteed women the
right to vote and stand for election and that in the Surinamese electoral
system, women had the possibility
of participating in the determination and
execution of government policy. The participation of women in politics at
national level
had increased from 10 per cent in 1991 to 19.6 per cent in 2000.
The participation of women in the current Government was 18 per
cent and 3
ambassadors out of 15 were women. The low participation of women in
decision-making positions was ascribed to psychological
as well as cultural
factors. There was a need for qualitative studies on the conditions underlying
the limited participation of women
in political life. In order to improve the
situation, the Government had undertaken various activities, including the
production
of booklets to foster positive images of women.

28. The representative informed the Committee that 93 per cent of police
reports in 1993 concerned mistreatment, particularly of women
abused by their
husband or partner. The Ministries of Justice and Police, Home Affairs and
Social Affairs and Housing had played
a significant role in combating violence
against women. For example, the Ministry of Justice had participated in all
commissions
directed at legislative change, while the Ministry of Home Affairs,
through its National Gender Bureau, played a facilitating role
in activities
aimed at care, counselling and training within the framework of the elimination
of violence against women. The representative
also informed the Committee about
the training received by members of Parliament in 2000 as a background to the
elaboration of legislation
regarding violence against women and women’s
rights. Several non-governmental organizations were also active in community
programmes
to reduce the incidence of violence against women.

29. In concluding, the representative noted that the national gender policy
covered all areas included in the Convention. She also
highlighted the fruitful
collaboration between the Government and civil society in the preparation of the
report. Non-governmental
organizations had played an important role in the
achievement of gender equality in the country and had been very active in the
formulation
and implementation of the current national gender policy.

Concluding comments of the Committee

Introduction

30. The Committee commends the State party for ratifying the Convention
without reservations in 1993 and for its combined initial
and second report,
which, although delayed, complied with the Committee’s guidelines for the
preparation of initial reports.
The Committee noted the limited amount of
updated data in several areas.

31. The Committee commends the State party on its high-level delegation,
headed by the Minister of Home Affairs, and expresses appreciation
for the oral
presentation, which provided additional information on the current situation of
implementation of the Convention in
Suriname and the responses to some of the
oral questions posed by the Committee. The Committee welcomes the
Minister’s announcement
that Suriname’s next periodic report would
be submitted to the Committee in February 2003, and the fact that the State
party
would include the outstanding answers to the oral questions in that
report.

32. The Committee welcomes the fact that the State party has the intention to
undertake action to ratify the Optional Protocol to
the Convention.

Positive aspects

33. The Committee commends the State party for drafting its report in
collaboration with civil society, particularly non-governmental
organizations.
It notes with satisfaction that the State party recognizes the important role of
the non-governmental organizations
working on women’s rights and gender
equality.

34. The Committee notes with appreciation the implementation of the Gender
Management System to coordinate the application of the
Integral Gender Action
Plan and the gender initiatives within various ministries. It also welcomes the
adoption and development in
Suriname of the Integral Gender Action Plan
(2000-2005), which takes into account the Beijing Platform for Action, the
Caribbean
Community Post-Beijing Plan of Action and Suriname’s national
priorities.

35. The Committee commends the State party on the appointment in 2001 of a
Commission on Gender Legislation tasked with producing
gender-sensitive
legislation and reviewing draft laws related to the international conventions on
gender equality and to present
recommendations on new legislation.

36. The Committee commends the State party for its support of a
human-rights-based approach to development in which human rights education
is
key. It commends the State party on the creation of the Human Rights Education
Project aimed at raising awareness about the importance
of human rights
instruments and the necessity of implementing them. The Committee hopes that the
dissemination of information about
the Convention is part of this project and
wishes to be informed of the impact of the project in the next periodic
report.

37. The Committee commends the State party for its sponsorship and promotion
of the issue of older women at the international level.

38. The Committee commends the State party on the action taken and measures
introduced to combat, punish and eradicate violence against
women, in particular
domestic violence, and looks forward to a further strengthening of activities in
this area.

Principal areas of concern and recommendations

39. The Committee is concerned that the Convention has not been incorporated
into domestic legislation and that no domestic remedies
have been introduced
into domestic legislation to enforce the Constitutional provision against
discrimination based on sex.

40. The Committee recommends that the State party take steps to
incorporate the Convention into domestic law and introduce procedures
that will
allow women to effectively enforce the prohibition of discrimination based on
sex. The Committee also recommends that the
State party introduce programmes to
create awareness about the Convention, the Constitution and such remedies. The
Committee requests that the State party report on progress made in this regard
in its next periodic report,
including information on whether the Convention and
the Constitution have been invoked by women before domestic courts.

41. The Committee notes with concern that a number of provisions exist in
domestic law, including the Personnel Act, the Identity
Act, the Nationality and
Residence Act and the Elections Act, which allow for discrimination against
women. The Committee is also
concerned at the slowness of legal reform with
respect to discrimination against women. In particular, it notes that an
amendment
to the Penal Code criminalizing gender-based discrimination, presented
to the State Council in 1993, is still pending.

42. The Committee recommends that the State party review existing laws and
amend discriminatory provisions to bring them into line with
the Convention and
the Constitution and to ensure compatibility between all national legislation
and international conventions.

43. The Committee is concerned that the apparent lack of coordination among
different mechanisms related to gender and a failure to
allocate clear areas of
responsibility may create obstacles to the effective implementation of the
Convention.

44. The Committee recommends that the State party clearly define the
mandates and the responsibilities of the different mechanisms related
to gender
and the interaction among them.

45. The Committee is concerned that the National Gender Bureau in the
Ministry of Home Affairs, which is responsible for the formulation
and execution
of government policy on gender, does not have adequate human, financial and
material resources for its work. The Committee
is also concerned that the
National Institute for the Promotion and Protection of Fundamental Human Rights
has not functioned since
1995 and this may negatively affect the promotion and
protection of women’s human rights.

46. The Committee recommends that the State party provide the National
Gender Bureau with adequate human, financial and material resources
to give it
visibility and effectiveness and to ensure effective implementation of
governmental policies and programmes related to
gender equality. It also
encourages gender mainstreaming in all ministries. The Committee also
recommends that the State party take measures to revive the National Institute
for the Promotion and Protection
of Fundamental Human Rights and ensure that
this institute incorporates a gender perspective in its work.

47. The Committee is concerned about the deep-rooted stereotypical attitudes
that undermine the rights of women and girls and the
State party’s
apparent acceptance of the limited participation of women in public and
political life as a result of these attitudes.

48. The Committee calls upon the State party to take urgent measures aimed
at changing stereotypical attitudes about the roles and responsibilities
of
women and men, including through awareness-raising and educational campaigns
directed at both women and men and at the media.
The Committee emphasizes that a
policy of gender equality in compliance with the Convention will require the
recognition that women
can have various roles in society, not only the important
role of mother and wife, exclusively responsible for children and the family,
but also as an individual person and actor in her community and in the society
in general.

49. The Committee is concerned about the low penalty for those who exploit
prostitutes and that those who exploit prostitutes are
not prosecuted. The
Committee notes with regret that trafficking in women and girls has not been
legally defined and has not been
given the attention it deserves. The Committee
is particularly concerned that the problem is viewed as a crime against public
decency,
rather than as a human rights issue, and that it is not being addressed
owing to the lack of data. The Committee expresses concern
that the maximum
penalty of five years’ imprisonment for trafficking in human beings may be
too lenient given the gravity of
the human rights violations involved.

50. The Committee recommends the development of programmes of action for
women forced into prostitution by poverty and the introduction
of policies to
ensure the prosecution of, and stronger penalties for, those who exploit
prostitutes and of adults involved in the
exploitation of child prostitutes. The
Committee also recommends the formulation of a comprehensive strategy to combat
the trafficking
of women, which should include the prosecution and appropriate
punishment of offenders, witness protection and the rehabilitation
of women and
girls who have been victims of trafficking. The Committee recommends that the
State party consider increasing the penalty
for trafficking in women. The
Committee requests the State party to provide in its next report comprehensive
information on prostitution
and on the trafficking of women and girls to allow
the Committee to better understand the extent of the problems in
Suriname.

51. Despite the active efforts of various government ministries to combat
violence and protect women and children from all forms of
mental and physical
abuse and the work of non-governmental organizations and community groups on the
issue, the Committee expresses
concern that violence against women is a serious
reality in Suriname. The Committee is encouraged, however, by the heightened
awareness
among women indicated by the high percentage of women who reported
incidents to the police. The Committee notes with concern that,
according to a
1998 study, 50 per cent of women indicated that there was sexual harassment in
the workplace and one third of the
women experienced sexual harassment at
work.

52. The Committee urges the State party to place a high priority on
measures to address violence against women in the family and in society
in
accordance with the Committee’s general recommendation 19 and the
Declaration on the Elimination of Violence against Women.1 The
Committee hopes that information on the report of the Government Commission on
Public Decency Legislation enacted by Decree No.
8212 of 9 December 1996 will be
included in the third periodic report. The Committee also requests the State
party to provide information
in its next periodic report on whether as indicated
in the report, it has established a national commission to make an inventory
of
legislation on violence against women and to examine the compatibility of such
legislation with treaties and report on any progress
in this regard.

53. The Committee is concerned that marital rape is not an offence and that
there are inadequate data on this form of domestic violence.

54. The Committee urges the State party to criminalize marital rape,
prosecute offenders and provide data on this form of domestic violence
in its
next periodic report.

55. Noting the importance of ensuring the broadest possible participation of
women to achieve adequate representation at all levels
in Suriname, the
Committee is concerned about women’s underrepresentation in
decision-making bodies in political and economic
structures. The Committee notes
that, although there are numerous women participating in training programmes,
with respect to diplomatic
careers the participation of women at the higher
levels of the diplomatic service is low.

56. The Committee recommends the adoption of strategies to increase the
number of women in decision-making bodies at all levels and in
all areas. The
Committee recommends that the State party adopt temporary special measures in
accordance with article 4, paragraph
1, of the Convention to increase the number
of women in decision-making levels in government, governmental bodies, public
administration
and diplomatic missions. It also recommends that the State party
strengthen its efforts to organize special training programmes for
women and to
conduct, on a regular basis, awareness-raising campaigns in this regard.

57. The Committee is concerned that, in some educational institutions,
teenage mothers are not always readmitted to junior secondary
schools because of
the perception that “the young mothers would have a negative influence on
other girls”, while teenage
fathers are not prevented from attending
schools.

58. The Committee requests the State party to include age-appropriate sex
education in school curricula and to conduct awareness campaigns
so as to
prevent teenage pregnancies. The Committee requests the State party to include
information on the impact of programmes to
prevent teenage pregnancy in its next
periodic report. The Committee also urges the State party to adopt the necessary
legal or administrative
measures to prohibit schools from barring young mothers
and pregnant teenagers.

59. The Committee expresses concern at discriminatory practices and certain
legal labour provisions that could lead to discrimination
against women workers
with regard to reproductive health and maternity and notes that, in the civil
service, women are discriminated
against when entering into marriage or becoming
pregnant. It notes that regulations on flexible working hours are lacking and
that
the employer has the right to decrease the number of vacation days during
the year in which maternity leave is enjoyed.

60. The Committee recommends that the State party remove discriminatory
labour legislation in accordance with article 11 of the Convention
and ensure
that women workers have working conditions and social security benefits equal to
those enjoyed by men, as well as protection
for maternity without discrimination
under article 4, paragraph 2 of the Convention.

61. The Committee notes with concern that rates of HIV/AIDS infection have
increased and the majority of those who are HIV-positive
are young people
between the ages of 15 and 29, with girls tending to become infected at a
younger age than boys.

62. The Committee urges the State party to address the gender aspects of
HIV/AIDS, including the power differential between women and
men, which often
prevents women from insisting on safe and responsible sex practices. It
encourages the State party to strengthen
its efforts to raise awareness and
educate women and girls on ways of self-protection. The Committee urges the
State party to ensure
that women and girls have equal rights and access to
health care and social services.

63. The Committee notes with concern that there are provisions in the penal
code regarding family planning, including prohibiting
the display and offering
of contraceptives for the prevention of pregnancy, although these provisions are
not enforced. Noting that
male condom use is very low, the Committee is
concerned that only women are targeted with regard to contraception. The
Committee
also notes that information and statistics are missing as to other
important areas of health to women, including on menopause, ovarian
cancer and
substance abuse, including tobacco, and the mental and psychological health of
women.

64. The Committee recommends that the laws restricting family planning
activities be repealed. It urges the State party to provide women
and men with
information on family planning and to introduce programmes to encourage men to
take part in family planning responsibilities.
The Committee underlines the
importance of article 12 of the Convention and urges the State party to
implement policies and programmes
in accordance with the Committee’s
general recommendation 24. The Committee requests the State party to provide
detailed information
on other areas of health that are of importance to women in
its next periodic report.

65. The Committee is concerned about the situation of rural women, in
particular the indigenous Amerindians and the Maroons, in the
coastal plain and
in the interior of Suriname, who are disadvantaged by poor infrastructure,
limited markets, obstacles in availability
and accessibility of agricultural
land and agricultural credit, low literacy rates, ignorance of existing
regulations, lack of services
and environmental pollution. It notes with concern
the serious absence of specific policies in all these areas, including on family
planning and preventing the spread of sexually transmitted diseases, including
HIV. The Committee is also concerned that women’s
work in rural areas is
not considered productive labour and that they are hardly represented at all in
local government bodies. The
Committee is also concerned about the absence of
detailed information on the situation of older women in rural areas.

66. The Committee urges the State party to give full attention to the
needs of rural women, including older women, particularly Amerindian
and Maroon
women, to ensure that they benefit from policies and programmes in all areas, in
particular access to health, education,
social services and decision-making. The
Committee requests the State party to provide detailed information in this
regard in its
next periodic report.

67. The Committee is concerned at the scarcity of details as to the legal
capacity of women, in particular unmarried women, under
articles 15 and 16 of
the Convention in the report of the State party. It is also concerned at the
very low age of marriage for some
communities.

68. The Committee urges the State party to review the law on marriage in
line with articles 15 and 16 of the Convention and include in
its next report
more information and data, including judicial decisions, on cases involving
residence, domicile and travel of women,
and also with regard to their children.
The Committee further requests the State party to include in its next periodic
report information
on the progress with regard to reform of the laws on
marriage.

69. The Committee encourages the State party to consider ratification of
the Optional Protocol to the Convention and acceptance of the
amendment to
article 20, paragraph 1, of the Convention, relating to the Committee’s
meeting time.

70. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance and the Second World Assembly on Ageing), the Committee
requests the State party to include information on
the implementation of aspects
of these documents relating to relevant articles of the Convention in its next
periodic report.

71. The Committee urges the State party to respond in its next periodic
report to the outstanding issues raised in the constructive dialogue
and the
specific issues raised in the present conclusions. It also urges the State party
to improve the collection and analysis of
statistical data, disaggregated by
gender and age, and to submit such data to the Committee in its next
report.

72. The Committee requests that the text of the present conclusions be
widely disseminated in Suriname so as to inform the public, in
particular
administrators, officials and politicians, of the measures taken to guarantee de
jure and de facto equality between men
and women and of the supplementary
measures to be adopted in that area. The Committee also urges the State party to
continue to give
broad publicity to the Convention, its Optional Protocol, the
general recommendations of the Committee, the Beijing Declaration and
Platform
for Action, and the results of the twenty-third special session of the General
Assembly, entitled “Women 2000: Gender
Equality, Development and Peace in
the Twenty-First Century”, which was held in June 2000, particularly among
women’s
associations and human rights organizations.

2. Combined initial, second, third and fourth report

Saint Kitts and Nevis

73. The Committee considered the combined initial, second, third and fourth
report of Saint Kitts and Nevis (CEDAW/C/KNA/1-4) at its
553rd, 554th and 556th
meetings, on 5 and 13 June 2002 (see CEDAW/C/SR.553, 554 and 556).

Introduction by the State party

74. In introducing the report, the representative of Saint Kitts and Nevis
acknowledged the efforts and contributions of non-governmental
organizations,
women’s groups and international agencies in advancing the cause of women
in the country and expressed regret
for the late submission of the combined
initial, second, third and fourth periodic reports of Saint Kitts and Nevis to
the Committee.

75. The representative informed the Committee about the institutional
structure that existed in the State party to address women’s
issues. The
national women’s machinery included a Ministry of Gender Affairs, which
had initially been established as the Ministry
of Women’s Affairs in 1984,
an inter-Ministerial Committee, a National Advisory Committee and gender focal
points. The national
women’s machinery had been strengthened through an
increase in budgetary allocations and human resources. In 2000, the name
of the
department had been changed from Women’s Affairs to Gender Affairs as it
was felt that that name would more accurately
represent the goals of gender and
development with women and men as decision makers.

76. The representative indicated that the National Plan on Gender and
Development for 1996-2000, developed and approved by the Government
in 1996,
included five of the twelve critical areas of concern highlighted in the Beijing
Platform for Action, namely: violence against
women and children; poverty;
institutional mechanisms; health and leadership. He also mentioned that gender
mainstreaming had been
embraced by the Government as the most practical means to
ensure women’s equal participation in national development.

77. The representative stressed that, although Saint Kitts and Nevis had made
tremendous progress in the area of women’s participation,
there was still
not a critical mass of women in decision-making or political representation.
Only three women had been elected to
political office in the nation’s
history, and no women had ever been appointed ambassador.

78. The representative informed the Committee that Saint Kitts and Nevis had
achieved greater success in the area of violence against
women than in any other
area. In that context, he described some relevant initiatives launched during
the period under review, such
as awareness courses on gender-based violence for
police officers, public health nurses, social workers, counsellors and career
guidance
workers, a Domestic Violence Act tabled and passed in 2000, various
dissemination activities in the media and awareness-raising campaigns,
including
Zero Tolerance in 1997 and a Life Free of Violence Campaign in 1997-1998.

79. The representative pointed out that numerical gender equality in
education was outstanding. In fact, enrolment statistics for
2001 indicated
that, at all levels with the exception of the primary school level, the
enrolment rate was higher for women than for
men, and a new policy had been
announced affirming the right of pregnant adolescents and teenage mothers to
return to school. In
that regard, in November 2001, “Project Viola”
had been launched, with the main objective to create an enabling environment
in
which teenage mothers could complete their education.

80. The representative also underlined a number of achievements attained with
regard to health, in particular, the efforts made by
the Ministry of Health in
bringing the maternal death rate as close to zero as possible and to implement
an ante/post-natal health
programme that would ensure optimum health for women.
He further indicated that family planning was provided at health centres and
by
the family planning association. Breast examinations and cervical cancer
screening had been instituted free of charge.

81. The representative informed the Committee that, although women were
outperforming men at various educational levels, that achievement
had not been
translated into economic returns for women. Hence, women continued to be
concentrated in the jobs that paid the least.
In addition, many women were
solely responsible for the care of children and that created a financial burden
for them. The representative
added that the Ministry of Women’s
Affairs/Gender Affairs had always implemented programmes that sought to
encourage women
to improve their caring capabilities. Skills training programmes
with an entrepreneurial component had been organized in every rural
community
and many women had become self-employed or had used the skills gained to augment
their income.

82. Finally, the representative stated that the Counselling Department of the
Ministry of Social Development, Community and Gender
Affairs piloted a parenting
programme for fathers which had been very successful as fathers were able to
interact in a non-threatening
environment with facilitators. It also benefited
women and children, since the sensitivity of men to their role as nurturers of
children
facilitated the mainstreaming of gender in the domestic sphere. As a
result, a National Fathers’ Association had been created.

Concluding comments of the Committee

Introduction

83. The Committee commends the State party for its ratification of the
Convention without reservations in 1985 and for preparing and
submitting its
combined initial, second, third and fourth report. It expresses appreciation for
the State party’s efforts to
follow the Committee’s guidelines when
preparing the report.

84. The Committee also thanks the State party for sending a high-level
delegation headed by the Minister for Social Development, Community
and Gender
Affairs. It also commends the State party for the frankness of the report and
the sincerity of its presentation, which
enabled the Committee to enter into a
constructive dialogue.

85. The Committee notes that the measures taken by the State party,
particularly the National Plan on Gender and Development, are
relevant to the
implementation of the Beijing Platform for Action.

Positive aspects

86. The Committee welcomes the high level of commitment and political will
demonstrated by the State party in the implementation of
the principles of
gender equality laid down in the Convention and the important leadership role
played in the region.

87. The Committee commends the State party on the innovative national
mechanisms established with a view to ensuring that women and
men enjoy equal
rights and on the progress achieved in the advancement of women over the past
five years.

88. The Committee commends the State party on the achievements made in its
health policy, particularly the reduction of the maternal
mortality rate and
programmes for post-partum care.

89. The Committee commends the State party on the progress achieved in the
educational sphere, with a larger number of females enrolled,
except in the
primary schools.

90. The Committee is pleased to note that the State party has achieved great
success in promoting gender equality in the information
media through close
collaboration with the Ministry of Gender Affairs. In this respect, the
Committee particularly appreciates the
prohibition laid down in the Law Reform
Act on reporting or broadcasting matters which might lead to the identification
of the defendants
in sex offence cases.

91. The Committee commends the State party on the establishment of a Code of
Ethics and Standards within the Labour Code to regulate
the activities of
foreign companies which wish to operate in Saint Kitts and Nevis.

Factors and difficulties affecting the implementation of the
Convention

92. The Committee notes that one of the main obstacles to the full
implementation of the Convention in Saint Kitts and Nevis has been
the
hurricanes which frequently devastate the country, and which in 1998 destroyed
85 per cent of the housing stock.

Principal areas of concern and recommendations

93. The Committee is concerned that the provisions of the Convention cannot
be invoked in the courts.

94. The Committee encourages the State party to accord the Convention the
legal status it deserves as the most important and binding international
legal
instrument in the sphere of the advancement of women and the elimination of
discrimination against them.

95. The Committee expresses concern about the underrepresentation of women in
decision-making posts and in political bodies, particularly
Parliament.

96. The Committee urges the State party to introduce a range of legal,
political and administrative options, in line with, temporary special
measures,
in accordance with the provisions of article 4, paragraph 1, of the Convention,
in order to improve the access of women
to decision-making. The Committee
recommends the adoption of programmes to change the tenor of the political
discourse in campaigns
in order to achieve greater female participation in
them.

97. The Committee expresses concern at the low number of women in the
diplomatic service, particularly in higher posts.

98. The Committee recommends that the State party take measures, including
in accordance with article 4, paragraph 1 of the Convention,
to encourage women
to enter into diplomatic careers.

99. The Committee is particularly concerned that, although women have a
higher level of education than men, this has not been translated
into promotion
of women to senior posts in the public and private sectors and/or increased
economic returns for women, who continue
to be concentrated mainly in the
informal sector and in the jobs that pay the least.

100. The Committee recommends the adoption of legislation that guarantees
equal pay for work of equal value. It also recommends that measures
should be
taken to deal with the situation of unemployed women, and the large number of
women who work in the informal sector, with
a view to their inclusion in the
formal sector, and access to social benefits.

101. The Committee expresses concern about the high rate of teenage
pregnancy.

102. The Committee urges the State party to intensify awareness raising
and sexual education aimed at responsible sexual behaviour in the
schools and
society at large in order to prevent pregnancies. In addition, the Committee
recommends that men be involved in the design
and implementation of all family
planning strategies, policies and programmes.

103. The Committee expresses concern about the persistence of cultural
practices and strong stereotyped attitudes towards the roles
and
responsibilities of women and men, which affect all spheres of life and impede
the full implementation of the Convention.

104. The Committee urges the State party to increase its efforts to create
awareness in the society about the need to change stereotyped
and discriminatory
attitudes concerning the role of women and girls, including through specific
programmes directed towards boys
and men. In particular, the Committee
recommends the extension to all communities of the Ministry of Social
Development’s pilot
parenting programme for fathers, in order to promote
the idea of shared parental responsibility.

105. Although it welcomes the legislation that has been adopted, in
particular, the Law Reform Act and the 2000 Domestic Violence
Act, and the
programmes to prevent violence against women which are being implemented, the
Committee expresses concern about the
persistent high level of violence,
particularly domestic violence, in the State party. The Committee is concerned
about the high
incidence of sexual abuse of girls particularly by older men. It
is also concerned about the unwillingness of women to initiate complaints
of
domestic violence against husbands and to testify against them because of the
unwritten code of family loyalty, which regards
such violence as a private
matter.

106. The Committee urges the State party to enhance its efforts to combat
violence against women and girls, in accordance with general
recommendation No.
19. It also encourages the State party come up with creative solutions for
shelters for victims of violence, adopt
a zero tolerance approach to the sexual
abuse of girls, and establish telephone help lines, rehabilitation programmes
for offenders,
and educational programmes targeted at men and boys on the
prevention of violence and the reform of traditional negative attitudes
towards
women. The Committee also urges the State party to prosecute the perpetrators of
abuse against girls. The Committee further
urges the State party to pursue
prosecution of offenders in cases of domestic violence even in the absence of
testimony of the victim
in the Court.

107. Noting that marijuana is used in the country, the Committee is concerned
about the lack of sex-disaggregated data on drug use.

108. The Committee encourages the State party to collect data on the use
of drugs and alcohol and its possible correlation with violence
against women.
It also encourages the State party to implement measures in order to prevent
addiction to all types of drugs by young
people.

109. The Committee expresses concern about the lack of legal aid for women
and the lengthy process which makes it difficult for women
to take men to court
in order to obtain child support. The Committee is also concerned that such a
lengthy process allows men to
serve a prison sentence instead of paying
maintenance.

110. The Committee urges the State party to take adequate legislative
measures to make it easier for women to obtain child support and
access to legal
aid.

111. The Committee is concerned about the lack of information about the
phenomenon of prostitution in Saint Kitts and Nevis. The Committee
is
particularly concerned about the lack of adequate measures to prosecute
pimps.

112. The Committee encourages the State party to study the phenomenon of
trafficking in persons, especially in view of the recent increase
of tourism in
the country. The Committee also urges the State party to formulate a broad
strategy against trafficking and prostitution,
which should include the
prosecution and punishment of traffickers and pimps.

113. The Committee notes the lack of statistical data disaggregated by sex in
the economic sector, in particular as to the informal
employment sector and
part-time work. It also notes the lack of data on sexual harassment at the
workplace.

114. The Committee recommends broad collection of data disaggregated by
sex, in particular with regard to the economic sector and urges
the State party
to include these in its next report.

115. The Committee urges the State party to ratify the Optional Protocol
to the Convention, and to deposit its instrument of acceptance
of the amendment
to article 20, paragraph 1 of the Convention, on the Committee’s sessions,
as soon as possible.

116. The Committee urges the State party to respond in its next periodic
report to the outstanding issues raised in the constructive dialogue
and the
specific issues raised in the present concluding comments.

117. Taking account of the gender dimension of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance and the Second World Assembly on Ageing), the Committee
requests the State party to include information on
the implementation of aspects
of these documents relating to relevant articles of the Convention in its next
periodic report.

118. The Committee requests the wide dissemination in Saint Kitts and
Nevis of the present concluding comments in order to make the people
of Saint
Kitts and Nevis and, in particular, government administrators and politicians
aware of the steps that have been taken de
jure and de facto to achieve equality
for women and the future steps that are required in that regard. It also
requests the Government
to continue to disseminate widely, and in particular to
women’s and human rights organizations, the Convention, the
Committee’s
general recommendations, the Beijing Declaration and Platform
for Action and the outcome documents of the twenty-third special session
of the
General Assembly, entitled “Women 2000: gender equality, development and
peace for the twenty-first century”.

3. Combined third and fourth periodic reports

Belgium

119. The Committee considered the combined third and fourth periodic reports
of Belgium (CEDAW/C/BEL/3-4) at its 559th and 560th meetings,
on 10 June 2002
(see CEDAW/C/SR.559 and 560).

Introduction by the State party

120. In introducing the combined third and fourth periodic reports, the
representative of Belgium noted that, for a federal State,
responsibilities and
competencies existed at both the federal and federated levels (consisting of the
communities and regions). No
hierarchy existed between federal and federated
entities, but federated entities enjoyed maximum autonomy in policy-making based
on the specific needs of their regions or communities. He pointed out that the
report had resulted from collaboration between the
various levels of power
within the State party.

121. Since 1989 Belgium had made progress towards achieving equality between
women and men, and each ministry had designed policies
to ensure the advancement
of women. Specific measures had been taken recently to ensure gender
mainstreaming in policies at both
the federal and federated levels.

122. In November 1998 Belgium had removed its reservation to article 7 of the
Convention, and the procedure to remove the reservation
to article 15 of the
Convention had been initiated. Belgium had also begun its ratification process
for the Optional Protocol to
the Convention, which required ratification of the
Protocol by the federal State and the communities and regions. Belgium had also
taken steps to support the amendment to article 20, paragraph 1, of the
Convention, pertaining to the Committee’s meeting time.

123. Equality between women and men was implicitly recognized by the
Constitution; however, in February 2002, an explicit guarantee of equality had
been incorporated into the Constitution in order to provide for redress in cases
of discrimination and to guarantee both women and men their rights and freedoms,
particularly
in respect of equal access to elected and public office.

124. Belgium had made the struggle against all forms of discrimination one of
its priorities. Draft legislation currently under consideration
in the Federal
Parliament would forbid all discrimination based on sex, race, colour,
ethnicity, sexual orientation, income, age,
religion, state of health (either
present or future), handicap or physical characteristic. The creation of a
national women’s
rights institution, which would conduct research and
coordinate federal policies on relevant issues, was also under
consideration.

125. New measures to coordinate equal-opportunity measures had recently been
introduced in Belgium’s French-speaking community.
To ensure consistency
and coordination of action by federal and federated authorities, a conference on
equal opportunities had been
held among the country’s various governing
entities, addressing violence against women; equal access of women and men to
new
information technologies; participation of women in the decision-making
process, particularly gender-balanced representation on advisory
bodies; and the
relationship between public and private life, specifically in relation to
childcare.

126. Confronting domestic violence and trafficking in women and sexual
exploitation had been deemed of the highest priority. On 10
November 2001, an
extensive awareness-raising campaign had been launched with regard to domestic
violence. New local policies on
physical and sexual violence had been initiated,
including measures to gather statistical data and provide assistance to victims.
The responsible ministries at all levels of government were reviewing a national
plan to combat violence against women. Legislation
on trafficking in persons,
particularly women and children, for the purpose of sexual exploitation had been
introduced on 13 April
1995; it accorded greater weight to statements of victims
and provided increased protection. There had been more than 200 arrests
and
judgements in 1999 and 2000, and some 230 victims had been treated at
specialized centres.

127. Belgium had developed a coordinated employment policy aimed at
integrating equality between sexes. The 2002 National Plan for
Employment
identified and focused attention on challenges facing three groups in finding
employment: seniors, women and the underskilled.
Among the Government’s
actions to increase women’s access to employment and give them better
opportunities was the introduction
of a bonus to long-term unemployed single
parents who took jobs; compensatory time; promotion of training; and development
of services.

128. In order to take advantage of new information and communication
technologies, federal and federated authorities had concluded
a cooperative
agreement on women and new technologies in November 2001. The representative
noted that it was also important to make
what had been perceived as male spheres
of employment open to women, particularly in the new technology sectors or in
sectors that
utilized modern means of production based on these technologies. In
order to ensure full and complete participation by women in the
marketplace,
steps were also being taken to promote equal pay for work of equal value, with a
particular focus on the development
of gender-neutral and non-discriminatory
systems of valuation and classification. Negotiations were under way to increase
the participation
of civil society in those efforts.

129. As the first European State to introduce the principle of gender-based
quotas on electoral ballots (in 1994), Belgium had continued
to develop
proactive policies to encourage female participation in public life. By 1999 the
quota system had increased women’s
participation as electoral candidates
well above the minimum figure required by law, and the number of women actually
elected to
legislative, communal and regional bodies had risen to one quarter of
the total. However, women did not yet enjoy equal representation
with men within
decision-making bodies, and Belgium was determined to achieve true parity
between the sexes in positions of power.
To this end, efforts were being made to
fight stereotypes and change the political culture of the country. Encouraging
women to be
politically active was also a priority in the Flemish community,
which had developed a strategic plan aimed at supporting women who
had been
elected and recruiting more women as candidates.

130. The French community had been paying great attention to encouraging the
participation of women in sports as a means of integration
and development,
particularly in underprivileged urban settings or rural areas. Women’s
health had also been of great concern,
with the federal and federated
authorities having recently launched a massive breast cancer detection campaign.
All women between
the ages of 50 and 69 were entitled to free testing every two
years. Awareness-raising campaigns had been organized at the communities
level,
in which each woman was personally invited for a cancer screening test.

131. In concluding, the representative assured the Committee that progress on
implementation of undertakings made by Belgium and enshrined
in the Beijing
Platform for Action was the subject of annual reports by the federal and Flemish
governments to their respective Parliaments.
Future challenges for Belgium
included the need to combat indirect discrimination, the need for more
coordinated gathering of gender-sensitive
statistical data and indicators, and
the systematic collection of a relevant body of jurisprudence. It was important
to discourage
the notion that all barriers to gender equality had already been
removed and to take positive actions to sensitize the population
to
gender-equality issues in order to address stereotypes.

Concluding comments of the Committee

Introduction

132. The Committee commends the State party for its combined third and fourth
periodic reports, although it regrets that it is not
in accordance with the
Committee’s guidelines for the preparation of periodic reports. The
Committee welcomes the written replies
to the questions of the Committee’s
pre-session working group. The Committee also welcomes the written responses to
a number
of additional questions posed during the constructive dialogue, which
were provided in the final week of the session.

133. The Committee welcomes the large delegation but regrets that no
high-level representatives with political responsibilities constituted
part of
the delegation, as this would have enhanced the dialogue that took place between
the delegation and the members of the Committee.

134. The Committee welcomes the fact that Belgium removed its reservation to
article 7 of the Convention, that it is considering lifting
its reservation to
article 15 of the Convention and that it has started the ratification process of
the Optional Protocol to the
Convention.

135. The Committee expresses satisfaction that the State party has made
significant efforts to implement the Beijing Platform for
Action.

Positive aspects

136. The Committee commends the State party on its employment policy, which
integrates equality between women and men. It notes with
satisfaction the
affirmative action measures provided for by Belgian legislation since the late
1980s, in order to bring about de
facto equality between women and men in the
public and private sectors. In particular, it expresses satisfaction at the
actions taken
to create a better distribution of working and household tasks
between women and men.

137. The Committee commends the State party for its measures to eliminate
traditional and stereotypical attitudes regarding the role
of men and women in
the family, in employment and in society.

138. The Committee commends the State party for introducing the rape law of 4
July 1989, the royal ordinances for the protection of
workers against sexual
harassment of 19 September 1992 and 9 March 1995, the law on human trafficking
of 13 April 1995 and the law
to combat violence between partners of 24 November
1997. It also commends the State party for the development by the Ethics
Commission,
pursuant to the law of March 1995, of a code of ethics for
telecommunications information services in an effort to protect minors,
in
particular the girl child, by monitoring the presence of violence and sex in
media programmes.

Principal areas of concern and recommendations

139. The Committee, while recognizing the adoption of a wide range of
gender-equality policies, is concerned that a certain number
of those policies
have yet to be implemented or evaluated.

140. The Committee urges the State party to implement all policies that
have been formulated and to make an assessment of the measures
already
implemented with a view to future improvements.

141. While noting that the State party’s gender policy appears to be
formulated primarily in the framework of the Beijing Platform
for Action and
European Union provisions, the Committee is concerned that the Convention has
not been given central importance as
a binding human rights instrument and basis
for the elimination of all forms of discrimination against women and the
advancement
of women.

142. The Committee urges the State party to place emphasis on the
Convention as a binding human rights instrument, and to view the Platform
for
Action as a complementary policy document to the Convention in its efforts to
achieve the goals of equality. It furthermore urges
the State party to take
proactive measures to raise awareness about the Convention.

143. While recognizing that the existence of numerous federal and local
structures on the advancement of women ensures that adequate
attention is given
to women’s issues in the country and provides enhanced conditions for
gender mainstreaming, the Committee
notes that these various structures, based
on different levels of autonomy and authority, might create difficulties as
regards implementation
of the Convention, as well as regarding coordination,
accountability, responsibility and uniformity of results in the implementation
of the Convention.

144. The Committee recommends to the State party that it ensure, through
effective coordination of all efforts at all levels in all areas,
that
uniformity of results in the implementation of the Convention is
achieved.

145. The Committee expresses concern that, in defining a broad concept of
equality, the Constitution of Belgium does not specifically address
discrimination on the basis of sex. While noting that the report addresses
discrimination
against men, the Committee emphasizes that the obligations in the
Convention are directed at the elimination of discrimination against
women.

146. The Committee calls on the State party to make the necessary
legislative changes to deal with discrimination on the basis of sex.
It urges
the State party to frame its gender policy in both the elimination of
discrimination and the promotion of equality, which
are two different but
equally important goals in the quest for women’s empowerment. The
Committee recommends that, when addressing
discrimination against men, the State
party should retain its focus on the Convention, and the need to achieve gender
equality by
eliminating discrimination against women.

147. While recognizing the impressive gains achieved in the participation of
women in public life resulting from the implementation
of the 1994 law to
promote balanced representation of men and women in electoral candidate lists,
the Committee is concerned that,
in some cases, the quotas have not necessarily
led to the expected results.

148. The Committee urges the State party to analyse the challenges that it
has encountered in achieving the goals set in the 1994 law and
to evaluate
achievements on the basis of final results. It calls on the State party to
ensure that women and men are able to participate
on an equal footing in the
political sphere.

149. The Committee is concerned about the significant decline, in recent
years, in women’s participation in the entrance examinations
for the
diplomatic service.

150. The Committee urges the State party to accelerate its efforts to
increase the female presence in the diplomatic service.

151. The Committee is concerned about the high incidence of violence,
including domestic violence, against women and children in the
State party. In
particular, the Committee is concerned that the mediation procedure established
to facilitate reconciliation between
the offender and the victim might condone
violence by facilitating disadvantageous compromise. The Committee also
expresses concern
about the fact that Belgium’s law does not define sexual
crime as a human rights violation and classifies sexual abuse as a
crime of
morality rather than as a violent crime.

152. The Committee calls on the State party to intensify its efforts to
address the issue of violence against women, including domestic
violence, as an
infringement of human rights. In particular, the Committee urges the State Party
to formulate appropriate measures
and laws in conformity with its general
recommendation 19 to prevent violence, punish and rehabilitate offenders and
provide services
for victims.

153. The Committee is concerned that sanctions under the 1995 law on human
trafficking may not be adequate to deter trafficking. The
Committee is also
concerned that deletion of the crime of procuring to avoid sanctions for
cohabitation may facilitate the exploitation
of prostitutes.

154. The Committee recommends the formulation of a comprehensive strategy
to combat trafficking in women and girls, including within the
territory of the
State party, which should include the prosecution and punishment of offenders,
and increased international, regional
and bilateral cooperation with countries
of origin, transit and destination of trafficked women and girls. It encourages
the State
party to increase its efforts to combat the root causes of trafficking
and assist its victims through efforts of counselling and
reintegration. It
calls on the State party to ensure that trafficked women and girls have the
support that they need so that they
can provide testimony against their
traffickers. It also calls on the State party to review the change in the Law on
procurement
to ensure that the exploitation of prostitutes is not
facilitated.

155. The Committee is concerned that the report provides insufficient
information about the situation of migrant and refugee women.

156. The Committee calls on the State party to provide comprehensive
information on these groups of women in its next periodic report.

157. While recognizing the achievements in ensuring women’s health, in
particular the State party’s comprehensive policy
to combat HIV/AIDS, the
Committee is concerned about the disparities with regard to the health of women
throughout the country. It
is furthermore concerned about the phenomenon of
teenage pregnancy and voluntary termination of pregnancy among women as young as
14.

158. The Committee urges the State party to effect better coordination of
its health policy in conformity with the Convention and general
recommendation
24 on women and health in all regions of the country. It further calls on the
State party to formulate policies, strategies
and programmes to prevent early
pregnancies, including education campaigns addressed to young men as well as
young women.

159. While noting that the State party provided comprehensive annexes to the
report, the Committee expresses concern about the insufficient
sex-disaggregated
statistical data in the report.

160. The Committee recommends a comprehensive compilation and analysis of
sex-disaggregated data as relevant under federal and regional
authorities. It
urges the State party to include such statistics and data in the text of its
next report rather than as annexes to
the report.

161. The Committee is concerned about the continuing high level of
unemployment among women, the high number of women in part-time
and temporary
jobs and the wage discrimination faced by women.

162. The Committee calls upon the State party to intensify its measures to
increase women’s employment, to make sure that women
have access to
full-time and permanent jobs if they wish, and to promote equal pay for work of
equal value.

163. The Committee is concerned about the discrimination women face
concerning issues of social security and taxation.

164. The Committee urges the State party to analyse the various forms of
discrimination on issues of social security and taxation faced
by women, to
remedy such discrimination and to provide information in its next report on
these areas.

165. The Committee is concerned about the discriminatory nature of Belgian
law on family names, which does not allow a child to be
given the name of
his/her mother at his/her birth when his/her parents are married or
cohabiting.

166. The Committee calls on the State party to modify the legislation on
family names to permit choices in transmitting family names to
children.

167. The Committee urges the State party to ratify the Optional Protocol
to the Convention and to deposit, as soon as possible, its instrument
of
acceptance of the amendment to article 20, paragraph 1, of the Convention, on
the Committee’s meeting time.

168. The Committee requests the State party to respond to the concerns
expressed in these concluding comments in its next periodic report
under article
18 of the Convention.

169. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session of the General Assembly on children (the
twenty-seventh special session), the World Conference against Racism, Racial
Discrimination,
Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party to include information
on the
implementation of aspects of these documents relating to relevant articles of
the Convention in its next report.

170. The Committee requests the wide dissemination in Belgium of the
present concluding comments in order to make the people of Belgium,
and
particularly government administrators and politicians, aware of the steps that
have been taken to ensure de jure and de facto
equality for women and the future
steps required in that regard. It also requests the Government to continue to
disseminate widely,
in particular to women’s and human rights
organizations, the Convention and its Optional Protocol, the Committee’s
general
recommendations, the Beijing Declaration and Platform for Action, and
the results of the twenty-third special session of the General
Assembly,
entitled “Women 2000: gender equality, development and peace in the
twenty-first century”.

Tunisia

171. The Committee considered the combined third and fourth periodic report
of Tunisia (CEDAW/C/TUN/3-4) at its 567th and 568th meetings,
on 14 June 2002
(see CEDAW/C/SR.567 and 568).

Introduction by the State party

172. In introducing the report, the representative of Tunisia informed the
Committee that, in the early days of the twentieth century,
a reform movement
advocating freedom for women had existed in Tunisia. Since the Personal Status
Code of 1956 had eliminated polygamy,
regulated divorce and defined a minimum
legal age for marriage; and since the Tunisian Constitution of 1959 had
enshrined the principle of equal rights between men and women in all fields,
there had been a number of accomplishments
in the country, including the Change
of November 1987, which had consolidated women’s status within the family
and society
and had enhanced women’s role in the development process. Such
gains were further reinforced following the major decisions
announced on 13
August 1992 introducing new concepts, such as cooperation, complementarity,
partnership and mutual respect.

173. The Government’s policy was grounded on the principle of effective
equality between men and women within the family and
society and women’s
rights were an integral part of the overall system of human rights, which had
become one of the priorities
of political action in Tunisia since the Change.
She also noted that, in response to the Committee’s recommendations
following
the discussion of Tunisia’s two reports in 1995, and in response
to the recommendations contained in the 1995 Beijing Platform
for Action,
Tunisia had made various decisions in terms of institutional mechanisms and
activity design and planning. Among the institutional
mechanisms which had been
established were: a committee on equal opportunity to monitor compliance with
legislation; a committee
on the image of women in the media within the National
Council for Women and the Family; and a national committee for the promotion
of
rural women. Since 1995, Tunisia had also developed its legislative system,
including the Personal Status Code, the Nationality
Code, the Electoral Code and
the Labour Code, in line with development needs.

174. The representative reviewed a number of indicators which indicated an
accelerating pace of progress in Tunisia in giving concrete
substance to equal
opportunity between men and women and in integrating the principle of equal
opportunity in all fields —
education, vocational training, effective
involvement in development activities and access to decision-making
positions.

175. No section of society was excluded from Tunisia’s comprehensive
development project, with appropriate attention being given
to ensuring the
integration of rural women within the economic and social cycle through a
national strategy for the promotion of
rural women, which was formulated in full
partnership with civil society organizations devoted to development issues. The
representative
underscored the fact that such organizations were now playing a
major role in formulating programmes and strategies and had thus
become partners
in the dynamics of development.

176. The representative stated that Tunisia’s determination to
translate the values of equality between men and women into reality
was
dependent upon the dissemination of a whole body of culture aimed at changing
mindsets and behaviours by promoting the values
of solidarity and tolerance,
civic behaviour, respect for others and dialogue within the family, thus
contributing to the eradication
of stereotypes. Great importance was attached by
the Government to all factors that could impede the incorporation of such
values,
and priority was given to the issue of violence, both verbal and
physical, with legislative and institutional steps being introduced
in this
context.

177. In order for progress in the promotion of women’s rights to
continue in Tunisia, there was a need to develop a comprehensive
network of
mechanisms to monitor the evolution of the status of women in the country. They
would include a national programme aimed
at enhancing the national statistical
system, the adoption of gender classification in all sectors, and the
establishment of an observatory
within the Centre for Research, Documentation
and Information on Women to collect comparative data on the status of men and
women
in all fields.

178. In concluding, the representative affirmed that the promotion of
women’s rights in the country had been included in the
President’s
Programme for the Future. She stated that, thanks to its political determination
and the mobilization of modern
technologies, Tunisia was resolved to make
considerable headway in striking an equitable and comprehensive balance among
the various
components of society.

Concluding comments of the Committee

Introduction

179. The Committee expresses its appreciation to the State party for
submitting its combined third and fourth periodic report, which
is in accordance
with the Committee’s guidelines for the preparation of periodic reports.
It commends the State party for the
extensive written replies to the issues
raised by the pre-session working group and the State party’s oral
presentation, which
provided additional information on the implementation of the
Convention in Tunisia.

180. The Committee commends the State party for its high-level delegation,
headed by the Minister for Women and Family Affairs. The
Committee appreciates
the frank and constructive dialogue that took place between the delegation and
the members of the Committee.

181. The Committee notes that governmental action, in particular the Ninth
National Development Plan, is placed within the context
of the implementation of
the Beijing Platform for Action.

182. The Committee notes that reservations have been made by the State party
to articles 9, paragraph 2; 15, paragraph 4; and 16,
paragraph 1 (c), (d), (f),
(g) and (h).

Positive aspects

183. The Committee commends the State party for its political will and
commitment to implementing the Convention and to achieving
equality between
women and men, as reflected in a range of laws, institutions, policies, plans
and programmes to address discrimination
against women in Tunisia.

184. The Committee commends the State party on the early reforms of its
Personal Status Code, which abolished polygamy and granted
the right to divorce
to both spouses, and its reform of the inheritance law. The Committee welcomes
the continuing legislative reforms
by the State party. It welcomes the
amendments to the Personal Status Code, which provide women with the capacity to
institute legal
proceedings in their own name, affirm the principle of equality
and partnership between spouses, provide that both parties should
cooperate in
managing family affairs, prevent manipulation of divorce proceedings by the
husband, allow spouses to agree to a joint
property regime and grant women the
right to give their family name to a child born of an unknown father and the
opportunity for
gene-testing to prove parenthood. The Committee also welcomes
the reform of the Penal Code, which imposes heavy penalties for the
killing of a
woman for adultery.

185. The Committee commends the reforms to the nationality law introduced by
the State party in working towards harmonizing the law
with article 9 of the
Convention.

186. The Committee commends the State party for its progressive development
of the national machinery and the reconstitution of the
Ministry for Women and
Family Affairs as a full Ministry in 1999. The Committee notes with appreciation
that the Ministry’s
budget has doubled since 1994. The Committee further
commends the efforts of the State party to consolidate the status of Tunisian
women through the establishment of the commission for monitoring the image of
women in the media and a national commission for the
promotion of rural
women.

187. The Committee notes with appreciation the progress made in increasing
the enrolment and retention of girls in schools at all
levels, including in
higher education, the diversification in their areas of study, and reduction of
female illiteracy. The Committee
commends the measures taken to improve
women’s health, including through the provision of reproductive health
services and
reduction of maternal and child mortality rates. The Committee also
notes that rural women are enjoying an overall improvement in
the quality of
rural life due to a combination of regional development and overall sectoral
policies, and that these women are benefiting
from technical and financial
support through the efforts of the economic and financial authorities in
Tunisia.

Principal areas of concern and recommendations

188. While appreciating the progress made towards creating an environment for
withdrawal of the reservations to articles 9, paragraph
2; 15, paragraph 4; and
16, paragraph 1 (c), (d), (f), (g) and (h), through legal reforms, the Committee
expresses its concern that
these reservations continue to be retained.

189. The Committee urges the State party to expedite the steps necessary
for the withdrawal of its reservations.

190. While welcoming the legislative reforms introduced by the State party
aimed at eliminating discrimination against women, the
Committee is concerned
about the remaining discriminatory provisions, especially in the nationality law
and the Personal Status Code.

191. The Committee urges the State party to continue the process of
legislative reform and review relevant existing laws in consultation
with
women’s groups.

192. The Committee expresses concern that, although the Constitution provides
for the equality of all citizens and the 1997 amendment to the Constitution
introduced the concept of non-discrimination with regard to political parties,
the Constitution does not contain a specific definition prohibiting
discrimination against women and there is no definition of such discrimination
in accordance with article 1 of the Convention, which prohibits both direct and
indirect discrimination. The Committee is concerned
at the lack of legal
remedies to ensure that the Constitutional provision on equality is enforced or
court decisions in which women
have obtained redress for acts of
discrimination.

193. The Committee urges the State party to include the definition of
discrimination against women in accordance with article 1 of the
Convention in
its national law and to ensure adequate mechanisms to enable women to seek and
obtain redress from the courts for violation
of the rights protected by the
Convention and the Constitution, with appropriate remedies. The Committee
recommends the intensification of education and training programmes on the
Convention to
enhance the knowledge of judges, lawyers and law enforcement
personnel. The Committee invites the State party to provide, in its
next report,
information about complaints filed in courts based on the Convention, as well as
any court decisions that refer to the
Convention.

194. The Committee is concerned that there is a lack of systematic data
collection on violence against women, including domestic violence,
violence
against women in detention centres and prisons, and sexual harassment in the
workplace and in other institutions. The Committee
is concerned that no specific
legislation has been enacted to combat domestic violence and sexual harassment.
The Committee is concerned
that article 218 of the Penal Code provides that the
withdrawal of a case by a victim terminates any proceeding.

195. The Committee recommends that the State party devise a structure for
systematic data collection on all such forms of violence against
women. The
Committee calls upon the State party to ensure that all violence against women
is prosecuted and punished and that women
victims of violence have immediate
means of protection and redress. In the light of its general recommendation 19,
the Committee
requests the State party to enact specific legislation on domestic
violence, including marital rape and sexual harassment. It recommends
that the
number of shelters for women victims of violence be increased and that full
sensitization of public officials, especially
law enforcement officials, the
judiciary, health-care providers and social workers, to all forms of violence
against women is ensured.
The Committee calls upon the State party to create
public awareness of violence against women as an infringement of human rights
that has grave social costs for the whole community.

196. The Committee is concerned at the limited information on trafficking in
women and girls and exploitation of prostitution. The
Committee notes with
concern that, although prostitution is legally prohibited, there are authorized
places for it.

197. The Committee requests the State party to include in its next report
information and data on, and the measures taken to prevent and
combat,
trafficking in women and girls and exploitation of prostitution, as well as the
measures taken to protect, rehabilitate and
reintegrate women and girls who have
been victims.

198. While noting the measures taken to increase women’s political
participation, the Committee is concerned about the low representation
of women
in high-level decision-making positions, including as members of the Chamber of
Deputies, in government positions, in the
central council and executive
committee of the Tunisian Union for Agriculture and Fisheries, as high-ranking
diplomats and as full
professors in the universities.

199. The Committee urges the State party to take measures to increase the
representation of women in high-level decision-making positions
through, inter
alia, the implementation of temporary special measures, in accordance with
article 4, paragraph 1, of the Convention
in order to realize women’s
right to participate in all areas of public life and, particularly, at high
levels of decision-making.

200. The Committee is concerned at the low level of women’s labour
force participation and at the lack of information regarding
its causes. The
Committee welcomes Act No. 83-112, which prohibits discrimination on the basis
of sex with regard to public entities,
but is concerned that such legislation
does not extend to the private sector. The Committee notes the absence of
statistical data
on wages disaggregated by sex and on pensions and social
rights.

201. The Committee urges the State party to adopt appropriate measures to
ensure women’s equal access to paid employment. The Committee
also urges
the State party to adopt and enforce appropriate legislation to ensure equal
opportunities for women and men in the public
and private sectors of the labour
market, and to prevent direct and indirect discrimination in employment. The
Committee requests
the State party to include in its next report
sex-disaggregated data on wages, pensions and social rights.

202. While noting the reduction in the general illiteracy rate of women, the
Committee is concerned that the rate is still high among
certain groups of
women, particularly rural women and older women.

203. The Committee encourages the State party to further implement
programmes specifically designed to reduce female illiteracy, particularly
among
rural and older women.

204. The Committee is concerned about the situation of single women with
children born out of wedlock and the limited information
thereon.

205. The Committee requests the State party to include in its next report
information on the situation of single women with children born
out of wedlock,
including the measures taken to ensure that their rights are protected.

206. The Committee urges the State party to accept the amendment to
article 20, paragraph 1, of the Convention, concerning the meeting
time of the
Committee.

207. The Committee also urges the State party to sign and ratify the
Optional Protocol to the Convention.

208. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session of the General Assembly on children (the
twenty-seventh special session), the World Conference against Racism, Racial
Discrimination,
Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party to include information
on the
implementation of aspects of these documents relating to relevant articles of
the Convention in its next periodic report.

209. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report
submitted under article 18 of the Convention. It also requests that the report
address the general recommendations of the
Committee and provide information on
the impact of legislation, policies and programmes to implement the
Convention.

210. The Committee requests the wide dissemination in Tunisia of the
present concluding comments in order to make the people of Tunisia,
and
particularly government administrators and politicians, aware of the steps that
have been taken to ensure de jure and de facto
equality for women and the future
steps required in that regard. It also requests the Government to continue to
disseminate widely,
in particular to women’s and human rights
organizations, the Convention and its Optional Protocol, the Committee’s
general
recommendations, the Beijing Declaration and Platform for Action, and
the results of the twenty-third special session of the General
Assembly,
entitled “Women 2000: gender equality, development and peace in the
twenty-first century”.

Zambia

211. The Committee considered the combined third and fourth periodic report
of Zambia (CEDAW/C/ZAM/3-4) at its 551st and 552nd meetings,
on 4 June 2002 (see
CEDAW/C/SR.551 and 552).

Introduction by the State party

212. In introducing the report, the representative of Zambia stated that her
Government had demonstrated its political will and commitment
to eradicating
discrimination against women, had acceded to or ratified international treaties
that guaranteed human rights without
distinction based on sex or other grounds
and had joined the international community in endorsing several plans of action
for the
full, equal and beneficial integration of women in all development
activities.

213. Like most Commonwealth countries, Zambia had a legal regime wherein
international instruments were not self-executing and required
enabling domestic
legislation to be directly enforceable. Although the Convention had not been
fully incorporated through such legislation,
there were certain provisions in
Zambian law that reflected the Convention’s standards. A priority for
Zambia was the incorporation
of the international human rights instruments to
which it was a party.

214. Acts that caused physical, sexual or psychological harm or suffering to
women and children were condemned in the Zambian Constitution, Part III, which
bestows upon all persons in Zambia regardless of race, place of origin,
political opinion, colour, creed, sex or marital status,
the rights and freedom
enshrined therein.

215. Fifty point seven per cent of Zambia’s population of 10.3 million
were women, and according to the Zambia demographic health
survey (1996),
fertility rates, although declining, were still high at 6.1 children per woman,
with the majority of women becoming
mothers or pregnant by 19 years of age. As
of 1995, life expectancy was 43 years for women and 41 years for men. The
Zambian population
is young with 45 per cent being 15 years or younger.

216. Certain centuries-old discriminatory customary laws and practices were
still prevalent in Zambia, and the arbitrary administration
of customary law had
been identified as a major hindrance to the elimination of discrimination
against women. The disparity between
women and men was a consequence of
historical and cultural factors that contributed to a division of labour where
men were encouraged
to participate in production, and women to work in the
traditional sector. The Government, civil society and non-governmental
organizations
were cooperating to sensitize women, men, girls and boys about
their rights and the course of action to be taken in discrimination
cases. A
Technical Committee to Review Laws, Enforcement Mechanisms and Support Systems
relating to gender-based violence had recommended
that customary law that was
not contrary to natural justice should be codified, and a law development
commission was documenting
the diverse customary laws and practices with a view
to eliminating those that were repugnant to gender equality. Steps were also
being taken to eliminate stereotyping in school textbooks, introduce gender
training for curriculum development officers, and encourage
girls to enrol in
technical courses.

217. Women’s equal participation in public life had been one of
Zambia’s priority areas, as women were underrepresented
at all levels of
decision-making in Government, parliament, political parties, the private
sector, special public service committees
and other institutions. Women
constituted over 53 per cent of the electorate; yet, less than 12 per cent of
elected officials were
women, and women constituted less than 10 per cent of
senior government officials. In 1997, the Government had signed the Southern
African Development Community (SADC) Declaration on Gender and Development that
committed Governments to ensure that there was at
least 30 per cent
participation of women in politics and decision-making by 2005. In the 2001
general elections, 19 out of 202 women
candidates had been elected to
parliament, with civil society playing a vital role in encouraging women to
participate in the electoral
process as voters and candidates. The Government
had adopted a public service training policy which contained affirmative action
measures to train women employed in the civil service so that they would qualify
for higher positions.

218. Twenty-five per cent of government university scholarships were reserved
for women who qualified for university entrance; and
lower cut-off marks for
girls at eighth and tenth grades had been introduced. All-boy technical schools
had been transformed into
co-educational schools; and a policy of readmitting
girls to school following childbirth had been introduced.

219. Zambia had ratified the International Labour Organization (ILO)
Convention on equal pay for work of equal value and had repealed
laws that
banned women from certain types of work. However, women continued to encounter
difficulties in gaining access to training
and employment and the Government was
currently giving those matters active and special attention.

220. Women’s reproductive health, particularly in the rural areas,
remained an area of concern. The Zambia demographic and health
survey had
estimated the maternal mortality rate at 649 deaths per 100,000 live births and
a 1995 study by the University Central
Hospital indicated that 75 per cent of
maternal deaths occurred among teenage mothers. Traditional birth attendants
were being trained
to supplement the efforts of medical personnel, especially in
rural areas, and family life education to educate girls and boys about,
inter
alia, the dangers and prevention of HIV/AIDS, as well as youth-friendly areas in
all health centres and provision of counselling
and testing in maternal and
child health and family planning clinics had been introduced.

221. Although rural women were involved in subsistence agriculture, unpaid
domestic work and casual or seasonal labour, they were
classified as housewives,
unemployed or economically inactive. The unreliable or non-existent road
infrastructure in most rural areas
made it more difficult for subsistence
farmers, particularly women, to market their produce. That was compounded by
women’s
lack of collateral, limited education, lack of access to credit
and other means of production.

222. Family relations were governed by a dual legal system of statutory and
customary laws, with customary law being largely biased
against women. Customary
laws were unwritten and administered in male-dominated local courts mainly
presided over by untrained justices
with patriarchal attitudes. The Government
intended to ensure that women and men were treated equally in marriage and
family matters
and were given the right to decide freely whether or when to have
a child.

223. Zambia’s Constitution and Citizenship Act had been amended in 1989
to remove the discriminatory provision that stipulated
that a foreign spouse of
a Zambian man could apply for citizenship after three years of residence in
Zambia, while the foreign spouse
of a Zambian woman required 10 years of
residence. The requirement that women obtain the written consent of their
husbands before
their children were included in their passports had been
abolished.

224. In concluding, the representative indicated that implementation of the
Convention had been affected by embedded traditional beliefs,
a lack of
appreciation of gender issues and concerns, and limited financial and human
resources. Limited collaboration between the
Government and civil society had
also had a negative impact. The Government of Zambia would seek to facilitate
further change and
considered collaboration with civil society as a key element
in ensuring that women were not discriminated against in government
endeavours
to attain sustainable development.

Concluding comments of the Committee

Introduction

225. The Committee commends the State party on its combined third and fourth
periodic report, which is in accordance with the Committee’s
guidelines
for the preparation of reports. It also commends the State party for the
comprehensive and frank written replies to the
questions posed by the
Committee’s pre-session working group and for the oral presentation of the
delegation, which sought
to clarify the current situation of the implementation
of the Convention in Zambia.

226. The Committee commends the State party for its delegation and
appreciates the delegation’s willingness to engage in frank
and
constructive dialogue with the Committee.

Positive aspects

227. The Committee welcomes efforts to strengthen the national machinery on
women, the introduction of gender mainstreaming and the
adoption of several
policies and programmes to eliminate discrimination against women, including the
National Gender Policy and the
establishment of the Gender in Development
Division, under the Office of the President.

228. The Committee commends the efforts made by the State party to review
existing laws that discriminate against women. It also notes
the enactment of
the Marriage Act and the Intestate Succession Act, which provide protection for
women in marriage and inheritance.

229. The Committee commends the introduction of the Programme for the
Advancement of Girl Child Education, the reservation of 25 per
cent of
government scholarships exclusively for women who qualify for entry into
universities and the lowering of cut-off points
for girls to qualify for entry
to grades 8 and 10 in schools in order to redress inequality in the education
sector.

Principal areas of concern and recommendations

230. The Committee expresses concern at the contradictory provisions
contained in the Constitution whereby article 11 guarantees the equal status of
women and article 23 (4) permits discriminatory laws to exist in the area of
personal
law, namely: revenue allocation, adoption, marriage, divorce, burial,
devolution of property on death, or other matters of personal
law and customary
law with respect to any matter.

231. The Committee urges the State party to repeal article 23 (4) of the
Constitution, which permits discrimination in the area of law that most affects
women.

232. The Committee is concerned that the Convention has not been directly
incorporated into domestic law and its provisions cannot
be invoked before the
courts.

233. The Committee recommends that the State party incorporate the
Convention into domestic law.

234. The Committee is concerned that the provisions in existing laws,
including new laws such as the Marriage Act and the Employment
Act, discriminate
against women directly or indirectly.

235. The Committee calls upon the State party to review and reform its
legislation to ensure that it is in harmony with the Convention.

236. The Committee is concerned that existing constitutional and other legal
rights of women to redress discrimination are not being
properly implemented or
enforced.

237. The Committee calls upon the State party to strengthen law
enforcement and to provide effective remedies through the courts for women
who
experience discrimination. The Committee requests the State party to develop
training programmes on women’s human rights
for judges and law enforcement
officers and to disseminate information to the public, especially women.

238. The Committee expresses concern at the high level of violence against
women and girls, including domestic violence and marital
rape. It also expresses
serious concern about the number of older women who have been murdered for
superstitious reasons by family
members or by others in Zambia in recent
years.

239. The Committee urges the State party to assign the issue of violence
against women high priority and to recognize that such violence
constitutes a
violation of the human rights of women under the Convention. In the light of its
general recommendation 19, the Committee
requests the State party to enact
legislation on domestic violence as soon as possible and to ensure that violence
against women
and girls constitutes a criminal offence and that female victims
of violence have immediate means of redress and protection. The
Committee also
recommends gender training for all public officials, in particular law
enforcement officials and the judiciary, as
well as health workers, to educate
them about the consequences of all forms of violence against women and girls. It
also recommends
the establishment of counselling services for the victims and
public awareness campaigns in order to adopt and implement a zero tolerance
policy with regard to all forms of violence against women and girls. The
Committee requests the State party to report fully in its
fifth periodic report
on the issue of violence against women and girls.

240. While welcoming the State party’s commitment to achieving 30 per
cent participation by women in politics by 2005, the Committee
notes with
concern that the participation of women in political and public life is limited,
and that women are underrepresented at
all levels of decision-making in
Government, parliament, political parties, the private sector, special public
service committees
and other institutions in the community.

241. The Committee recommends that the State party take measures to
increase the number of women in decision-making positions at all levels
and in
all areas. It also recommends that the State party introduce temporary special
measures, in accordance with article 4, paragraph
1, of the Convention, to
strengthen its efforts to promote women to positions of power, supported by
special training programmes
and awareness-raising campaigns aimed at underlining
the importance of women’s participation in decision-making at all
levels.

242. While noting that the State party has made progress in addressing the
basic health needs of women in Zambia, the Committee expresses
concern at the
high level of maternal and infant mortality, low life expectancy, very high
teenage pregnancies and unsafe abortions
and lack of adequate health-care
facilities and family planning services, particularly in the rural areas.

243. The Committee recommends that the State party formulate polices and
allocate adequate resources to improve the status of women’s
health, in
particular with regard to maternal and infant mortality. It urges the State
party to increase women’s access to
healthcare and family planning
services. It also recommends that national reproductive health programmes be
designed and implemented
in order to prevent early pregnancy and induced
abortions in the rural and urban areas.

244. The Committee expresses concern at the increasing rate of HIV/AIDS and
the absence of measures for the care of women and girls
infected with
HIV/AIDS.

245. The Committee urges the State party to take holistic measures to
combat the HIV/AIDS pandemic and to take further practical preventive
measures,
including by providing access to condoms for women and men. It also urges the
State party to ensure that women and girls
infected with HIV/AIDS are not
discriminated against and are givenappropriate assistance. The Committee
also emphasizes thatthe collection of reliable data on HIV/AIDS is
critical to gaining an understanding of the pandemic.

246. Despite the State party’s effort in the area of education, the
Committee is concerned at the low rate of female literacy,
the low enrolment of
girls in school in rural and urban areas and the high dropout rate of girls due
to pregnancies. These negative
factors are reinforced by stereotyping in
textbooks. It notes that education is a key to the advancement of women and that
the low
level of education of women and girls remains one of the most serious
impediments to their full enjoyment of human rights.

247. The Committee urges the State party to strengthen its efforts to
improve the literacy level of girls and women in rural and urban
areas, to
ensure equal access of girls and young women to all levels of education and to
prevent girls dropping out of school. It
encourages the State party to introduce
further special measures in the area of education, including incentives for
parents to send
girls to school and to encourage the recruitment of more
qualified women teachers.

248. The Committee expresses concern at the high rate of unemployment among
women. It also expresses concern at disparities between
women’s and
men’s wages, sexual harassment, and the lack of social security for
women.

249. The Committee urges the State party to introduce temporary special
measures in accordance with article 4, paragraph 1, of the Convention
in
creating employment opportunities for women. Efforts should be made to expand
the community-based public workers programme into
areas where the number of
unemployed women is particularly high. The Committee calls on the State party to
review its legislation
and policy in the employment sector to facilitate full
implementation of article 11 of the Convention.

250. The Committee expresses concern that marriage and family relations are
governed by dual legal systems of statutory and customary
law, and that many of
these laws are not in harmony with the Convention. It also notes that customary
law is mostly unwritten and
often administered by male justices without a legal
background, and that discrimination against women is not addressed in their
decisions.

251. The Committee recommends that statutory law be reformed and customary
law revised and codified to conform with article 16 of the Convention.
It also
recommends the introduction of programmes on legal education, gender
sensitization and human rights for judges.

252. The Committee is concerned that polygamy is widely accepted and not
effectively combated by the State party.

253. The Committee recommends that the State party take comprehensive and
effective measures, including training for judicial and law enforcement
officials and public awareness-raising campaigns, in order to eliminate the
practice of polygamy.

254. The Committee is concerned that aspects of the law on nationality as
described in the report continue to discriminate against
female spouses.

255. The Committee recommends that these laws be amended in conformity
with article 9 of the Convention, and that court decisions recognizing
women’s equal rights be enforced.

256. While the Committee commends the State party’s efforts to host
refugees from neighbouring countries, it is concerned at
the State party’s
capacity to protect and guarantee the rights of refugees.

257. The Committee recommends that the State party continue to give
assistance to refugee women and girls, and carry out rehabilitative
efforts
directed at them. The Committee also recommends that the State party seek
further support from, andcontinue to work in close cooperation with,
appropriate international agencies in the field of refugee protection, in
particular,
the Office of the United Nations High Commissioner for
Refugees.

258. The Committee requests the State party to respond to the unanswered
questions raised during constructive dialogue with the Committee
and to the
concerns expressed in the present concluding comments in its next periodic
report submitted under article 18 of the Convention.
It also urges the State
party to improve the collection and analysis of statistical data, disaggregated
by sex, and to submit such
data to the Committee in its next report.

259. The Committee urges the State party to sign and ratify the Optional
Protocol to the Convention, and to deposit as soon as possible
its instrument of
acceptance of the amendment to article 20, paragraph 1, of the Convention,
concerning the meeting time of the Committee.

260. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session of the General Assembly on children (the
twenty-seventh special session), the World Conference against Racism, Racial
Discrimination,
Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party to include information
on the
implementation of aspects of these documents relating to relevant articles of
the Convention in its next periodic report.

261. The Committee requests the wide dissemination in Zambia of the
present concluding comments in order to make the people of Zambia,
particularly
members of non-governmental organizations, administrators and politicians, aware
of the steps that have been taken to
ensure the de jure and de facto equality of
women and the further steps required in this regard. It requests the State party
to continue
to disseminate widely, in particular to women’s and human
rights organizations, the Convention and its Optional Protocol, the
Committee’s general recommendations, the Beijing Declaration and Platform
for Action, the results of the twenty-third special
session of the General
Assembly, entitled “Women 2000: Gender Equality, Development and Peace for
the Twenty-first Century”
and the Programme of Action adopted at the World
Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance.

4. Combined fourth and fifth periodic report

Ukraine

262. The Committee considered the combined fourth and fifth periodic report
of Ukraine (CEDAW/C/UKR/4-5 and Corr.1) at its 555th and
556th meetings, on 6
June 2002 (see CEDAW/C/SR.555 and 556).

Introduction by the State party

263. In introducing the report, the representative of Ukraine informed the
Committee that although Ukraine was a young State, formed
only in 1991 when it
seceded from the Union of Soviet Socialist Republics, during its first decade an
important democratic structure
had been developed, which constituted the basis
for the promotion of gender equality. In 1996, Ukraine adopted a constitution
that
embodied the principle of the equal rights of men and women, based on the
view that all people were equal in their dignity.

264. The representative informed the Committee that a Ministry of Family and
Youth had been established in 1996 to implement the State
policy on the family,
women, young people and children. The Ministry had prepared legislation to
comply with general human rights
standards. In 1997, a National Plan of Action
for the years 1997-2000 was launched by the Cabinet of Ministers of Ukraine,
aimed
at improving the situation of women and expanding their role in society.
In 1999, the Verhova Rada (Parliament) adopted a declaration
on general
principles of State policy concerning the family and women, which provided for
the enhancement of women’s role in
the economic, political, social,
cultural and spiritual life of the country. In 2001, a family code on the equal
rights and duties
of women and men vis-à-vis family matters was endorsed,
and a new National Plan of Action for the years 2001-2005 was adopted.

265. The representative informed the Committee of the increase in the number
and impact of non-governmental organizations (NGOs) and
women’s groups in
Ukraine over the last five years. During this period, the number of national and
international NGOs had increased
threefold and, to strengthen the links between
the Government and NGOs, the National Council of Women of Ukraine had been
created.
The women’s movement had become very active, particularly
regarding activities related to education on gender issues to combat
social and
cultural stereotypes. The representative pointed out, however, that difficulties
had been encountered in eliminating stereotypes
and ensuring gender equality at
a time when Ukraine was experiencing serious economic problems resulting from
the transition from
a State- controlled to a free market economy.

266. The representative informed the Committee of the situation of women in
the fields of education, employment and health. She noted
that women and men had
equal access to education, as guaranteed by the Constitution. During 2000-2001,
girls constituted 49 per cent of pupils in schools and over half of the students
in higher education; in addition,
48 per cent of students seeking doctorates
were women. However, despite women’s high qualifications, the job market
continued
to be segregated. Women were mainly employed in the education, health,
culture and service sectors, where salaries were lower. Overall,
women’s
salaries were 73 per cent of those of men’s. The Government was trying to
remedy the horizontal segregation of
the labour market through its National Plan
of Action, with mandatory social insurance for the unemployed. Measures had been
taken
to provide allowances to facilitate job creation, while jobs had been set
aside to assist sectors of the population that needed special
protection,
including women with children below six years of age or single mothers with
children below 14 years of age. The representative
informed the Committee that
the Constitution provided for free health assistance as well as for measures to
assist pregnant women. She noted the remarkable improvement achieved
in the rate
of maternal mortality, which had dropped from 34 deaths per 100,000 women in
1996 to 25 deaths per 100,000 women in 2000.
During the same period, the number
of abortions had also declined by one third.

267. In the 2002 elections, the number of women in local government had risen
by up to 50 per cent. However, the number of women in
Parliament remained low,
at 5.1 per cent, while in the central organ of the executive branch, women
occupied only 6 per cent of high-level
posts. Political life remained largely
male-dominated. Women were excluded from the centres of power and did not
participate in the
decision-making processes of resource allocation and
management. In order to guarantee equal opportunities for women and men in
political
life, in 1999, a bill on State guarantees of equal rights and
opportunities was proposed, which was to be considered for adoption
by the new
Parliament.

268. The representative informed the Committee that the Government was paying
serious attention to the issue of violence against women,
including domestic
violence, sexual exploitation and sexual harassment. In 2001, the Act on the
Prevention of Domestic Violence had
been adopted. In addition, crisis centres
and shelters had been set up for the social rehabilitation of women and children
victims
of violence. In order to combat trafficking in women and children, the
Government had acceded to various international conventions
to prevent
trafficking and, in May 2002, had adopted a comprehensive programme against
trafficking for the years 2002-2005, focused
on three areas: prevention of trade
in persons; prosecution; and rehabilitation.

269. Measures had been taken by Ukraine to maintain peace among the 130
nationalities coexisting in the State. Ethnic groups were
protected by legal and
normative instruments, including the Convention on the Protection of National
Minorities, ratified in 1997.

270. In concluding, the representative noted that Ukraine had made steady
progress towards achieving gender equality and advancing
the status of women,
particularly since 1996 when the Committee considered Ukraine’s third
periodic report and made valuable
recommendations that had helped to create the
conditions for women’s empowerment. In order to accelerate progress on
promoting
gender equality, however, Ukraine would need to mobilize national
resources. The representative also acknowledged the importance
of the support
provided by international organizations, including the United Nations system,
for the promotion of equality between
women and men in Ukraine.

Concluding comments of the Committee

Introduction

271. The Committee expresses its appreciation to the State party for
submitting its combined fourth and fifth periodic report, which
generally
follows the Committee’s guidelines for the preparation of periodic
reports. It commends the State party for the written
replies to the issues
raised by the pre-session working group and the State party’s oral
presentation, which provided additional
information on the current situation of
the implementation of the Convention in Ukraine. The Committee commends the
State party on
its delegation, headed by the Head of the State Committee for
Family and Youth Affairs.

272. The Committee notes that governmental action, in particular the National
Plan of Action to improve the situation of women, is
placed within the context
of the implementation of the Beijing Platform for Action.

Positive aspects

273. The Committee notes with satisfaction that the Convention is
incorporated into Ukrainian law and has precedence over conflicting
national
legislation.

274. The Committee welcomes the range of laws and programmes that have been
introduced, including the law on the prevention of domestic
violence, the
criminal law that makes trafficking in persons a criminal offence and the new
family code, as well as other efforts
undertaken to improve the situation of
women and promote gender equality, such as the elaboration of a draft law on
equal opportunities.

275. The Committee expresses its satisfaction with the presence of an
increasingly active civil society on women’s issues in
Ukraine, including
many women’s political parties. The Committee also commends the State
party’s recognition of the important
role of the large number of NGOs
working on women’s issues.

276. The Committee notes with satisfaction the high level of women’s
educational achievement and the increase in the number
of women in local
government in some regions.

Principal areas of concern and recommendations

277. The Committee is concerned that there is still a lack of familiarity
with the Convention and the opportunities for its application,
including among
the judiciary, law enforcement personnel and women themselves.

278. The Committee recommends the introduction of education and training
programmes on the Convention, in particular for judges, lawyers
and law
enforcement personnel. It recommends that awareness-raising campaigns targeted
at women be undertaken so that women can avail
themselves of legal remedies for
violations of their rights under the Convention. The Committee invites the State
party to provide,
in its next report, information about complaints filed in
courts based on the Convention, as well as any court decisions that refer
to the
Convention.

279. The Committee is concerned at the apparent lack of understanding of
discrimination against women as a multifaceted phenomenon
that entails indirect
and unintentional as well as direct and intentional discrimination. This
understanding is a prerequisite for
the effective elimination of both de jure
and de facto discrimination against women.

280. The Committee recommends that policies and efforts be directed at
countering both direct and indirect discrimination against women.

281. The Committee expresses concern that, although the Convention is
incorporated in domestic law and the Constitution provides for the equality of
all citizens, Ukrainian law does not contain a specific definition of
discrimination against women and
does not provide effective enforcement
procedures or remedies. The Committee is concerned that it did not receive
sufficient information
regarding the content of the draft law on equal
opportunities.

282. The Committee recommends that the State party include in its
legislation a definition of discrimination, enforcement procedures and
remedies
for violations of women’s rights under the Convention. It also recommends
the inclusion of a provision allowing the
adoption of temporary special measures
in accordance with article 4, paragraph 1, of the Convention.

283. The Committee expresses its concern that the national machinery for the
advancement of women does not have sufficient power and
visibility or financial
and human resources to effectively promote the advancement of women and gender
equality.

284. The Committee recommends that the State party strengthen the existing
national machinery in order to make it more effective by providing
it with
adequate human and financial resources at all levels and enhancing coordination
among the existing mechanisms for the advancement
of women and the promotion of
gender equality.

285. While recognizing that the number of women elected to office in local
government has increased in some regions, the Committee
is concerned about the
low representation of women in high-level elected and appointed bodies,
including as members of Parliament,
of which only 5 per cent are women, as
high-ranking officials within the executive branch, where women occupy only 6
per cent of
posts, and within the state administrations and civil and diplomatic
service.

286. The Committee urges the State party to take measures to increase the
representation of women in elected and appointed bodies through,
inter alia, the
implementation of temporary special measures, in accordance with article 4,
paragraph 1, of the Convention, in order
to realize women’s right to
participation in all areas of public life and, particularly, at high levels of
decision-making.
The Committee recommends that the State party strengthen its
efforts in offering or supporting training programmes for current and
future
women leaders and carry out awareness-raising campaigns regarding the importance
of women’s participation in political
decision-making.

287. Recognizing the efforts made by the State party to address the issue of
trafficking in women and girls, including the criminal
law provision against
trafficking in persons, the Committee notes with concern that the extent of this
problem is not reflected in
the information provided in the report. It notes
with concern that there is still not enough information on the subject or a
comprehensive
policy to address the problem.

288. The Committee urges the State party to make the issue of trafficking
in women and girls a high priority and to include in its next
report
comprehensive information and data on the issue and on progress made in this
area. It recommends the formulation of a comprehensive
strategy to combat
trafficking in women and girls, including within the territory of the State
party, which should include the prosecution
and punishment of offenders and
increased international, regional and bilateral cooperation with other countries
of origin, transit
and destination of trafficked women and girls. It recommends
the introduction of measures aimed at improving the economic situation
of women
so as to eliminate their vulnerability to traffickers, education initiatives for
vulnerable groups, including teenage girls,
as well as social support,
rehabilitation and reintegration measures for women and girls who have been
victims of trafficking. It
calls on the State party to ensure that trafficked
women and girls have the support they need so that they can provide testimony
against their traffickers. It urges that training of border police and law
enforcement officials provide them with the requisite
skills to recognize and
provide support to victims of trafficking.

289. The Committee expresses its concern about the status of women’s
health, especially their reproductive health. The Committee
is concerned about
the high number of abortions and the fact that the maternal and child mortality
rates remain high. It is also
concerned about the undernutrition of women, as
well as iodine deficiency and other diseases among women. The Committee is
concerned
about the insufficiency of attention to tobacco addiction and
alcoholism among women.

290. The Committee draws attention to its general recommendation No. 24 on
women and health and recommends comprehensive research into
the specific health
needs of women, including their reproductive health, the full implementation of
a life-cycle approach to women’s
health, the financial and organizational
strengthening of family planning programmes and the provision of wide access to
contraceptives
for all women and men. The Committee urges the State party to
reinforce programmes of sexual and reproductive education for both
girls and
boys in order to foster responsible sexual behaviour and further discourage
abortion as a means of birth control. The Committee
requests more information on
the prevalence of, and measures taken against, alcoholism and tobacco
consumption among women.

291. While welcoming the measures taken to combat violence against women,
including the adoption of the law on the prevention of domestic
violence, the
inclusion of the issue under the National Plan of Action, and the fact that
marital rape can be prosecuted under the
Criminal Code of Ukraine, the Committee
is concerned about the prevalence of violence against women and girls, including
domestic
violence.

292. The Committee urges the State party to place high priority on
comprehensive measures to address violence against women in the family
and in
society. The Committee calls upon the State party to ensure that such violence
is prosecuted and punished with the required
seriousness and speed, and that
women victims of violence have immediate means of redress and protection. It
recommends that measures
be taken to provide shelters for women victims of
violence and to ensure that public officials, especially law enforcement
officials,
the judiciary, health-care providers and social workers, are fully
sensitized to all forms of violence against women. The Committee
invites the
State party to undertake awareness-raising measures, including a campaign of
zero tolerance, to make such violence socially
and morally unacceptable.

293. While noting with appreciation the high level of education among women,
the Committee expresses its concern about the situation
of women in the labour
market, including the high rate of unemployment among women and the strong
occupational segregation with a
concomitant wage differential. The Committee is
concerned that women are not able to receive adequate retraining to compete in
the
market. It is further concerned that the State party’s protective
labour laws restricting women’s participation in night
work and other
areas, may create obstacles to women’s participation in the labour
market.

294. The Committee urges the State party to ensure equal opportunities for
women and men in the labour market, including through the use
of temporary
special measures in accordance with article 4, paragraph 1, of the Convention.
The Committee recommends that the State
party design and implement special
training and retraining programmes for different groups of unemployed women. It
also recommends
that efforts be made to eliminate occupational segregation,
including through education, training and retraining. There should be
additional
wage increases in female-dominated sectors of public employment to close the
wage gap between these and male-dominated
sectors. The Committee recommends that
the State party conduct regular reviews of legislation in accordance with
article 11, paragraph
3, of the Convention, with a view to reducing the number
of barriers that women face in the labour market. It also recommends that
effective measures allowing for the reconciliation between family and
professional responsibilities be strengthened and that the
sharing of domestic
and family tasks between women and men be promoted.

295. The Committee is concerned about the persistence of traditional
stereotypes regarding the role of men and women in the family
and in society at
large.

296. The Committee urges the State party to design and implement
comprehensive programmes in the educational system and to encourage the
mass
media to promote cultural changes with regard to the roles and tasks attributed
to women and men, as required by article 5 of
the Convention. It recommends that
policies be developed and programmes implemented to ensure the eradication of
traditional sex
role stereotypes in the family, in employment, in politics and
in society.

297. The Committee urges the State party to accept the amendment to
article 20, paragraph 1, of the Convention, concerning the meeting
time of the
Committee.

298. The Committee also urges the State party to ratify the Optional
Protocol to the Convention.

299. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session of the General Assembly on children (the
twenty-seventh special session), the World Conference against Racism, Racial
Discrimination,
Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party to include information
on the
implementation of aspects of these documents relating to relevant articles of
the Convention in its next periodic report.

300. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report to be
submitted under article 18 of the Convention. It also requests that the report
address the general recommendations of
the Committee and provide information on
the impact of legislation, policies and programmes to implement the
Convention.

301. The Committee requests the wide dissemination in Ukraine of the
present concluding comments in order to make the people of Ukraine,
in
particular government administrators and politicians, aware of the steps that
have been taken to ensure the de jure and de facto
equality of women and the
further steps required in this regard. It also requests the State party to
continue to disseminate widely,
in particular to women’s and human rights
organizations, the Convention, its Optional Protocol, the Committee’s
general
recommendations and the Beijing Declaration and Platform for Action, as
well as the results of the twenty-third special session of
the General Assembly,
entitled “Women 2000: gender equality, development and peace for the
twenty-first century”.

5. Fourth and fifth periodic reports

Denmark

302. The Committee considered the fourth and the fifth periodic reports of
Denmark (CEDAW/C/DEN/4 and CEDAW/C/DEN/5 and Add.1 and
Corr.1) at its 561st and
562nd meetings, on 12 June 2002 (CEDAW/C/SR.561 and 562).

Introduction by the State party

303. In introducing the report, the representative of Denmark informed the
Committee that non-governmental organizations had had the
opportunity to comment
on implementation of the Convention in Denmark. The Government had been
implementing the actions identified
in the Beijing Platform for Action, which
had had a significant impact on Denmark’s gender equality policy.
Increasing emphasis
had been placed on violence against women, trafficking in
human beings, especially women and children, unemployment among women and
sex
segregation in the labour market, since the consideration of Denmark’s
last periodic report by the Committee.

304. A new law on gender equality had been introduced and there had been a
change in the national machinery for the advancement of
women since the
submission, in 2000, of the fifth periodic report. The former Council for Gender
Equality had been replaced by a
new three-part structure comprising a Minister
for Gender Equality, a Knowledge Centre for Gender Equality and a Gender
Equality
Board. The Knowledge Centre will be closed down in July 2002 as a
State-funded organization. It will continue as a private foundation
connected to
the University of Roskilde. The Gender Equality Act May 2000 stated that the
work to promote gender equality in Denmark
consists of a two-pronged strategy,
gender mainstreaming and affirmative actions/specific priorities. The Minister
for Gender Equality
presents an annual Report and an Action Plan to the
Parliament on the concrete specific priorities. A Steering Committee has, on
behalf of the Minister, prepared a five-year action plan on gender
mainstreaming.

305. Gender mainstreaming and the integration of women’s rights were
critical elements in Denmark’s development assistance
strategy, in which
special attention was paid to women living in poverty; women’s rights,
including the right to own and inherit
land; violence against women, including
trafficking; the access of women and girls to health and education; and
women’s access
to financial services, business development assistance and
trade opportunities.

306. The representative described the goal of Denmark’s gender equality
policy as ensuring that women and men were equal partners
and were given equal
possibilities to choose how they want to live their lives. Women made up 44 per
cent of the newly elected committees.
The share of women in Parliament was 38
per cent. Labour market participation of women was high at 75 per cent, and
women had, on
average, 1.7 children, indicating that work could be combined with
family life. Factors contributing to that were the existence of
many public care
facilities for the young, the elderly and other dependants and the fact that
young men were increasingly taking
on their share of family responsibilities.
The Government had expanded parental leave schemes, increased parental grants
for childcare
in the home and guaranteed day care. Access to part-time work had
also been expanded. Areas of concern included the pay gap between
women and men
and sex-segregation in the labour market. Only 41 per cent of women from ethnic
minorities were active in the labour
market, but the Government was making
special efforts to address that issue.

307. The elimination of violence against women was a priority, and a
three-year action plan with a special focus on women from ethnic
minorities,
women with disabilities and children had recently been presented by the
Government. Efforts to eliminate trafficking
in women and children had been
intensified. To combat forced marriages, funds had been given to NGOs to ensure
assistance to young
people from ethnic minorities while the age for family
reunification of spouses had, for all citizens, been raised from 18 to 24
years.

308. Another representative indicated that, in 2002, in Greenland,
legislation focusing on equal treatment of women and men with respect
to public
services and employment had replaced older Danish and pre-Home Rule legislation.
The Equal Status Council, which had been
established in 1998, had provided input
during the development of the new legislation and had commissioned a survey on
gender equality
in the household, workplace and other areas of public life. It
had also appointed, as part of a pilot project, gender equality ambassadors
to
liaise between the Equal Status Council and the public in five municipalities.
An action plan on gender and violence was also
being produced under the auspices
of the West Nordic Council, with the participation of Denmark, Greenland and the
Faroe Islands.
The Greenland Home Rule Government was sensitive to the
importance of ensuring that family and working life were balanced, and
legislation
had been passed on maternity leave and pay for mothers and fathers
in order to give both parents an opportunity to spend time with
their infant
children. The representation of women in the Government and the municipalities
was high at 67 per cent, and they dominated
the health, education and social
affairs sectors. Six of the 12 Deputy Ministers, and 19 per cent of members of
Parliament were women.
Education and capacity-building were regarded as crucial
to ensuring equal opportunities in the labour market, and data showed that
the
majority of those commencing education or training programmes were women and
that the dropout rate of women was lower than that
of men.

309. Another representative indicated that there were very few legislative
obstacles to women’s enjoyment of equal rights under
Faroese Law. In 1994,
the Faroese Parliament had enacted the Act of Equality between Men and Women,
which sought to ensure gender
equality in the labour market, education, all
public committees, councils and boards. In 2002, the Act on Maternity Leave
providing
fully paid maternity leave for 28 weeks had been passed. The
Government was seeking to increase the period of maternity leave to
52 weeks. In
the Faroe Islands, the number of women in Parliament was low, as was the
representation of women in decision-making
positions in the private sector.
Where gender-based violence was concerned, a domestic violence crisis centre had
been established
by a non-governmental organization.

310. Each representative expressed commitment to the implementation of the
Convention in all parts of Denmark, including Greenland
and the Faroe Islands,
and assured the Committee that there would be a national follow-up and debate on
its concluding comments.

Concluding comments of the Committee

Introduction

311. The Committee expresses appreciation to the State party for its fourth
and fifth periodic reports, which comply with the guidelines
for the preparation
of periodic reports. It commends the State party for its interaction with
non-governmental organizations in the
preparation of the reports and is pleased
that the comments of non-governmental organizations on the implementation of the
Convention
were again included as annexes to the report. The Committee also
expresses its appreciation for the information given in response
to the issues
raised by the pre-session working group and during the oral presentation.

312. The Committee expresses appreciation for the inclusion of
representatives from the Faroe Islands and Greenland in the delegation.

Positive aspects

313. The Committee commends the State party for its efforts to strengthen the
promotion of gender equality and women’s rights
in Denmark through a wide
range of laws, policies and programmes within the context of the provisions of
the Convention and the Beijing
Platform for Action. It also commends the
realization of de jure equality of women and men in many areas of the
Convention, especially
with regard to economic and social benefits and marriage
and family life.

314. The Committee commends the State party for appointing a Minister for
Gender Equality, thereby making gender equality policy a
part of the
Government’s politics and affording a greater potential to directly
influence the political decision-making process,
and for establishing the Gender
Equality Board, comprising a judge and two lawyers with expertise in the areas
of gender equality
and labour market conditions, respectively, that handles
complaints about gender-based discrimination in the labour market, the
education,
health, social and finance sectors, and in private enterprises.

315. The Committee commends the State party for its efforts to incorporate
gender mainstreaming into its overall policy framework,
including by formulating
an action plan for 2002-2006 for the Danish inter-ministerial gender
mainstreaming project with a steering
committee comprised of representatives
from all ministries, while at the same time implementing women-specific
programmes to encourage
gender equality.

316. The Committee welcomes the action plan to stop violence against women,
which seeks to give victims the support they need, provide
training for
professionals and establish multidisciplinary cooperation, break the cycle of
violence through corrective treatment
of offenders and improve prevention
through gathering data on the causes and scope of violence against women.

317. The Committee welcomes the State party’s cooperation with the
other Nordic and Baltic countries in two working groups under
the Nordic Council
of Ministers with regard to trafficking in women. The Committee commends the
State party for signing the United
Nations Convention against Transnational
Organized Crime, its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially
Women and Children, and its Protocol against the Smuggling
of Migrants by Land, Sea and Air. The Committee notes that the Parliament
has
given its consent to ratifying the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children.

318. The Committee also commends the State party for having accepted the
amendment to article 20, paragraph 1, of the Convention and
for having ratified
the Optional Protocol to the Convention. The Committee also welcomes the fact
that a number of recommendations
in its concluding comments, adopted when
Denmark last reported, have been implemented.

Principal areas of concern and recommendations

319. The Committee is concerned that the Convention has not been incorporated
into domestic legislation. It notes that the Committee
on Incorporation of Human
Rights Conventions into Danish Legislation, appointed by the Minister of Justice
in 1999 to examine the
advantages and disadvantages of incorporating the general
human rights treaties into Danish legislation, on completing its work in
October
2001, recommended that the Convention, despite being considered central to the
protection of human rights, should not be
incorporated into Danish legislation.
The Committee also notes that the Constitution does not contain a specific
provision on discrimination against women.

320. The Committee recommends that the State party take steps to
incorporate the Convention into domestic law, when considering the
recommendations
of the Committee on incorporation of human rights conventions
into Danish legislation. The Committee requests that the State party
report on
progress made in this regard in its next periodic report, including whether the
Convention has been invoked before domestic
courts.

321. While noting that the State party’s gender policy appears to be
formulated primarily in the framework of the Beijing Platform
for Action and
European Union provisions, the Committee is concerned that the Convention has
not been given central importance as
a binding human rights instrument and basis
for elimination of all forms of discrimination against women and the advancement
of women.

322. The Committee urges the State party to place emphasis on the
Convention as a binding human rights instrument, and to view the Platform
for
Action as a complementary policy document to the Convention in its efforts to
achieve the goals of equality. It furthermore urges
the State party to take
proactive measures to raise awareness about the Convention.

323. The Committee is concerned at the closure of the Danish Board for Ethnic
Equality, which had been established in June 1997, inter
alia, to provide advice
on the question of discrimination and ethnic equality for the Danish Parliament,
the Government, the central
and local administration and private organizations,
and the Danish National Centre for Research and Information on Gender Equality,
which had been established in May 2000 under the Act on Gender Equality. The
Committee notes that some of the work of the former
Centre will be done without
State funding under different institutional arrangements.

324. The Committee recommends that the State party reconsider its decision
to close these two institutions and continue, in all circumstances,
to earmark
funds for their activities if those will be undertaken under other institutional
arrangements, to enable them to continue
their independent contribution to the
achievement of gender equality in the State party.

325. While noting the creation of an equal pay network for companies
interested in exchanging experience on the reasons for the gender-based
division
of labour, the pay differential and methods of guaranteeing equal pay and that
women’s participation in the labour
market is at an impressive 75 per cent
and their unemployment rate is low at 5.6 per cent, the Committee is concerned
at the persistence
of the wage gap between women and men.

326. The Committee urges the State party to develop policies and adopt
proactive measures to accelerate the eradication of pay discrimination
against
women, including job evaluations, collection of data, further study of the
underlying causes for the wage gap and provision
of increased assistance for
social partners in collective wage bargaining, in particular in determining wage
structures in sectors
dominated by women in order to address the gender
segregation in the labour market. The Committee requests the State party to
provide
more information in the next periodic report on its efforts to eradicate
the wage gap.

327. While commending the State party for having surpassed the critical 30 to
35 per cent threshold in terms of representation of
women in decision-making in
Parliament, the Committee expresses concern that women’s representation
remains low in executive
and decision-making positions in municipalities and
counties as well as in the private economic sector.

328. The Committee urges the State party to take measures to increase the
representation of women in decision-making positions in all sectors,
including
in the municipalities and counties as well as in the private economic
sector.It recommends that the State party take steps to facilitate the
options available to women in the private sector, inter alia, through
the
implementation of temporary special measures in accordance with article 4,
paragraph 1, of the Convention, wherever possible.
It also recommends that the
State party improve the design of the temporary special measures in accordance
with article 4, paragraph
1, of the Convention and monitor their
application.

329. Noting the high number of women in the lower ranks of the Foreign
Service, the Committee nevertheless expresses concern about
the low level of
representation of women in the higher levels of the service, in particular in
ambassadorial posts.

330. The Committee recommends that the State party introduce special
temporary measures in accordance with article 4, paragraph 1, of the
Convention
to increase the representation of women at higher levels in the Foreign Service,
particularly as ambassadors.

331. The Committee expresses concern that, despite the high achievement of
women in tertiary education, there are distressingly few
women professors in the
universities. It also expresses concern at the apparent imbalance in the access
of women academics, as compared
with men academics, to research grants and other
resources.

332. The Committee urges the State party to adopt policies to ensure that
women professors are not discriminated against with regard to
access to
professorships and senior positions, resources and research grants so as to
increase the number of women in senior positions
in universities.

333. The Committee is concerned about persistence of stereotypical attitudes
towards women, which threaten to undermine their rights
and make them vulnerable
to violence, including domestic violence.

334. The Committee calls upon the State party to take additional measures
to eliminate stereotypical attitudes about the roles and responsibilities
of
women and men, including through awareness-raising and educational campaigns
directed at both women and men and at the media.
It also calls upon the State
party to undertake an assessment of the impact of its measures in order to
identify shortcomings and
to adjust and improve these measures accordingly.

335. Noting that reliable statistical material will become available later in
2002, the Committee regrets the very limited available
data and information with
regard to the scope of violence against women, including domestic violence.

336. The Committee urges the State party to include in the statistical
material, sex-disaggregated data and information on the nature and
scope of
violence against women, including within the family and any new forms of abuse,
and to include this information in its next
periodic report. The Committee also
urges the State party to continue its efforts to implement and strengthen
policies and programmes
aimed at combating violence, with special attention
given to migrant and minority women.

337. The Committee is concerned that Danish residents who arrange for female
genital mutilation abroad are not liable to prosecution
in Denmark unless female
genital mutilation is a crime in the country in which it is performed.

338. The Committee urges the State party to penalize all Danish residents
who arrange for female genital mutilation regardless of where
it is performed in
order to eliminate this harmful traditional practice.

339. While noting that the State party places priority on efforts to address
the issue of trafficking in women through, inter alia,
seminars, analysis and
cooperation with the other Nordic and Baltic countries, the Committee expresses
concern that despite these
efforts trafficking in women and girls continues to
exist.

340. The Committee requests that the State party report on any
developments in this regard in its next periodic report, including whether
there
have been any prosecutions for trafficking in women and girls. The Committee
also encourages action in Denmark and, through
the State party, continued
efforts within the European Union to combat trafficking in women, including
measures to prevent trafficking,
the collection of data, the provision of
services for trafficked women and measures to penalize those who facilitate such
trafficking.

341. The Committee is concerned that the Aliens Act, which although
gender-neutral, indirectly discriminates against women.

342. The Committee recommends that the State party review the Aliens Act
and revoke those provisions that are incompatible with the provisions
of the
Convention, particularly article 2, which prohibits direct and indirect
discrimination.

343. The Committee expresses concern about the situation of migrant, refugee
and minority women in Denmark, including discrimination
in education and
employment and at the gender-based discrimination and violence that they
experience.

344. The Committee urges the State party to take effective measures to
eliminate discrimination against migrant, refugee and minority women.
It
encourages the State party to be proactive in its measures to prevent
discrimination against migrant, refugee and minority women,
both within their
communities and in society at large, to combat violence against them, and
increase their awareness of the availability
of social services and legal
remedies.

345.The Committee regrets the introduction in new legislation of an
increase in the age limit for spousal reunification from 18 years
to 24 years of
age in order to combat forced marriage.

346. The Committee urges the State party to consider revoking the increase
in the age limit for family reunification with spouses, and
to explore other
ways of combating forced marriages.

347. The Committee is concerned that the situation of foreign married women
with temporary residence permits who experience domestic
violence will worsen
when the amendment to the Aliens Act enters into force on 1 July 2002, which
will increase the required number
of years of residence from three to seven
before a permanent residence permit may be obtained. The Committee is also
concerned that
these women’s fear of expulsion will be a deterrent to
their seeking assistance or taking steps to seek separation or divorce.

348. The Committee recommends that revocation of temporary residence
permits of foreign married women who experience domestic violence,
and
legislative changes on residency requirements should not be undertaken without a
full assessment of the impact of such measures
on these women.

349. The Committee is concerned that, under the amended Aliens Act, some
women who do not have refugee status might be forcibly repatriated
to where they
had been subjected to rape and/or other atrocities and may face the threat of
further persecution.

350. The Committee urges the State party to refrain from forcibly
repatriating such women and to ensure that repatriation in these circumstances
is voluntary.

351. While welcoming written material provided by the delegation during
constructive dialogue, the Committee regrets that information
in the report
about the situation of women in the Faroe Islands and Greenland was very
limited.

352. The Committee urges the State party to include detailed information
on the implementation of all aspects of the Convention in the
Faroe Islands and
Greenland in the next periodic report.

353. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report
submitted under article 18 of the Convention. It also requests that future
reports not make reference to previous reports
but briefly summarize previously
stated information.

354. Taking account of the gender dimension of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session of the General Assembly on children (the
twenty-seventh special session), the World Conference against Racism, Racial
Discrimination,
Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party to include information
on the
implementation of aspects of these documents relating to relevant articles of
the Convention in its next periodic report.

355. The Committee requests the wide dissemination in Denmark of the
present concluding comments in order to make the people of Denmark,
in
particular administrators and politicians, aware of the steps that have been
taken to ensure the de jure and de facto equality
of women and of the further
steps that are required in this regard. It requests the State party to continue
to disseminate widely,
in particular to women’s and human rights
organizations, the Convention and its Optional Protocol, the Committee’s
general
recommendations, the Beijing Declaration and Platform for Action and the
results of the twenty-third special session of the General
Assembly, entitled
“Women 2000: Gender Equality, Development and Peace for the Twenty-first
Century”.

Chapter V

Activities carried out under the Optional Protocol to the Convention on
the Elimination of All Forms of Discrimination against Women

356. Article 12 of the Optional Protocol to the Convention provides that the
Committee shall include in its annual report under article
21 of the Convention
a summary of its activities under the Protocol.

357. The Working Group on the Optional Protocol established by the Committee
at its twenty-fourth session met from 4 to 8 February
2002 and considered
cooperation between the Division for the Advancement of Women and the Office of
the High Commissioner for Human
Rights with respect to communications;
procedures established by the Division for the Advancement of Women relating to
communications;
and methods of work of the Working Group. The Working Group
analysed decisions of other United Nations human rights treaty bodies
on
communications, as well as several cases decided by regional human rights
courts. The Chairperson of the Working Group provided
the Committee with the
report of the Working Group (CEDAW/C/2002/II/CRP.4).

Action taken by the Committee on the report of the Working Group on the
Optional Protocol

Cooperation between the Division for the Advancement of Women and the
Office of the United Nations High Commissioner for Human Rights

358. The Committee recommended that any guidelines on the routing of
correspondence between and among the various human rights procedures
of the
United Nations be developed in collaboration with the Division for the
Advancement of Women. It recommended the development
of systematic cooperation
between the Division and the petitions team of the Office of the United Nations
High Commissioner for Human
Rights (OHCHR), and the nomination of a focal point
for the Committee on the Elimination of Discrimination against Women in the
Support
Services Branch of OHCHR who would analyse summaries of communications
prepared by the Branch from a gender perspective and whose
views on such
summaries would be entered into the communications database and brought to the
attention of the relevant treaty body.

Processing of communications

359. The Committee recommended that the Division for the Advancement of Women
provide the Working Group with a regular report on the
nature and number of
potential communications received, including manifestly ill-founded claims, and
those which are not being pursued.
The report should also contain information on
the number of potential communications received directly by the Division or
routed
to it which are being summarized with a view to registration, and on the
number of potential communications received by the Division
but routed to other
procedures, such as those serviced by OHCHR.

360. The Committee decided that, where sufficient prima facie information is
received to establish a communication, the Division for
the Advancement of Women
should provide the Working Group with a summary. The Working Group would then
decide whether the case should
be registered.

Outreach and research

361. The Committee recommended that the Division for the Advancement of Women
intensify its outreach activities with respect to the
Convention and the
Optional Protocol. It also recommended that the Division prepare background
papers for the Committee on several
provisions in the Optional Protocol:
“same matter” and “under another procedure of international
investigation
or settlement” (Optional Protocol, article 4 (2) (a));
“the facts that are the subject of the communication occurred
prior to the
entry into force of the present Protocol (Optional Protocol, article 4 (2) (e)).
The Committee also recommended the
preparation of background papers on the
accountability of States parties for the conduct of non-State actors; remedies
recommended
by human rights treaties and implementation of views by States
parties (Optional Protocol, articles 7 (3), (4) and (5)).

Dates of the meeting of the Working Group on the Optional
Protocol

362. The Committee decided that the Working Group on the Optional Protocol
would meet from 5 to 9 February 2003. It also recommended
that, whenever
possible, the Working Group should meet in the week prior to the regular session
of the Committee in order for the
Working Group to provide the Committee with
the results of its work in a timely manner and to preclude any delay in the
consideration
of communications.

Chapter VI

Ways and means of expediting the work of the Committee

363. The Committee considered agenda item 6, ways and means of expediting the
work of the Committee at its 550th and 567th meetings,
on 3 and 21 June 2002
(see CEDAW/C/SR.550 and SR.567).

364. In introducing the item, the Chief of the Women’s Rights Unit of
the Division for the Advancement of Women, Department
of Economic and Social
Affairs of the United Nations Secretariat drew attention to the report of the
Secretariat (CEDAW/C/2002/II/4).

Action taken by the Committee under agenda item 6

Members of the pre-session working group for the twenty-ninth
session

365. The Committee decided that the members of the pre-session working group
for the twenty-ninth session and their alternates should
be:

Members:

Christine Kapalata (Africa)

Sjiamsiah Achmad (Asia)

Goran Melander (Europe)

Yolanda Ferrer Gomez (Latin America and the Caribbean)

Alternates:

Fatima Kwaku (Africa)

Heisoo Shin (Asia)

Regina Tavares da Silva (Europe)

Aida Gonzalez Martinez (Latin America and the Caribbean)

Dates of the twenty-eighth session and the pre-session working group for
the twenty-ninth session

366. In conformity with the approved calendar of conferences and meetings

for 2003, the twenty-eighth session of the Committee will be held from 13 to
31 January 2003. The pre-session working group for the
twenty-ninth session will
be held from 3 to 7 February 2003.

Reports to be considered at future sessions of the Committee

367. The Committee decided to consider the following reports at its
twenty-eighth and twenty-ninth sessions:

368. The Committee decided, as part of a strategy to encourage States parties
to report in accordance with article 18 of the Convention,
to request the
secretariat to provide it with a profile of non-reporting States parties,
including their reporting history with respect
to all treaty bodies. The
Committee would identify priority non-reporting States parties, for example,
long-term non-reporting States
parties, followed by short-term non-reporting
States parties, and analyse the reasons for non-reporting, for example, lack of
resources,
capacity or political will.

369. The Committee recommended the following incremental measures to
encourage reporting by States parties:

(a) Non-reporting States parties would receive reporting reminders on a
systematic basis. Notes verbales drawing attention to the
Committee’s
decision 23/II (consolidation of reporting obligations) and the availability of
technical assistance would be directed
at States parties whose reports were five
years or more overdue;

(b) High-level United Nations officials would be requested to encourage
reporting;

(c) Non-reporting would be included as an item on the agenda of the meeting
of chairpersons of human rights treaty bodies with a
view to the adoption of a
coordinated approach to the issue;

(d) Committee members, the bureau and Chairperson of the Committee would be
encouraged to meet informally with non-reporting States
parties, including on a
regional basis;

(e) The Committee would convene a closed meeting with representatives of
individual non-reporting States parties to discuss challenges
to timely
reporting;

(f) The Division for the Advancement of Women, other United Nations entities
or bodies, including at the field level, other international
organizations or
non-governmental organizations would be encouraged to provide technical
assistance for States parties at their request;

(g) All human rights treaty bodies would be encouraged to discuss fulfilment
of reporting obligations under other human rights treaties
in constructive
dialogue for States parties;

(h) Fulfilment of reporting obligations under article 18 should be included
in the agenda of the twelfth meeting of States parties
to the Convention, to be
held in August 2002.

Consideration of reports by the Committee and constructive dialogue with

States parties

370. The Committee decided that, in cases where a member of the Committee is
a national of a State party which is presenting its report,
the
Committee’s decision 18/III on the non-participation of that member in any
part of the consideration of the State party’s
report would be explained
by the Chairperson at the beginning of the meeting at which that report would be
considered and the contribution
of that member to the work of the Committee
acknowledged.

371. The Committee decided that, in the consideration of periodic reports,
questions by experts would be clustered in accordance with
the four substantive
parts of the Convention. After experts had posed questions on each cluster, the
State party would be given an
opportunity to respond. Experts would seek to
focus on issues identified by the pre-session working group, and would avoid
intervening
under each cluster.

372. The Committee decided that presentation of initial reports would be
limited to a maximum of 45 minutes, presentation of periodic
reports would be
limited to a maximum of 30 minutes, and such periods would be reflected in the
Committee’s programme of work
and the Journal of the United
Nations. The closed meeting of the Committee to discuss the contents of the
concluding comments would be scheduled for a minimum period of
30 minutes, which
would be reflected in the Committee’s programme of work in the
Journal. The Committee decided that interventions by experts would be
limited to five minutes. The time limit would be enforced flexibly
but monitored
by a speech timer.

Pre-session working group

373. The Committee decided that, as far as possible, country rapporteurs for
States parties presenting periodic reports should be
included in the pre-session
working group convened to draw up the list of issues and questions with regard
to those States parties.
In cases where the country rapporteur is not included
in the relevant pre-session working group, she or he would be encouraged to
submit a list of issues and questions to the group.

Concluding comments of the Committee

374. The Committee decided that its concluding comments would include a
section on “factors and difficulties” affecting
the implementation
of the Convention only in the most exceptional circumstances. The persistence of
stereotypical attitudes relating
to the roles of women and men would not be
categorized as a “factor or difficulty”.

375. The Committee decided that a standard paragraph requesting information
on the implementation of aspects of outcomes of United
Nations conferences,
summits and special sessions of review should be included in its concluding
comments on reports of States parties,
as follows:

“Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations
conferences, summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation
of the Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the
special session of the General Assembly on children (the
twenty-seventh special session), the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party
to include information on the
implementation of aspects of these documents relating to relevant articles of
the Convention in its
next periodic report.”

Chapter VII

Implementation of article 21 of the Convention

376. The Committee considered agenda item 5, on the implementation of article
21 of the Convention, at its 550th and 567th meetings,
on 3 and 21 June 2002
(see CEDAW/C/SR.550 and SR.567).

377. In introducing the item, the Chief of the Women’s Rights Unit drew
attention to a note by the Secretary-General on reports
provided by specialized
agencies on the implementation of the Convention in areas falling within the
scope of their activities (CEDAW/C/2002/II/3
and Add.1-4).

Action taken by the Committee under agenda item 5

Future general recommendations of the Committee

378. The Committee agreed to formulate a general recommendation, based on its
statement to the World Conference against Racism, Racial
Discrimination,
Xenophobia and Related Intolerance.2

379. The Committee agreed to formulate a general recommendation on the right
of older women to non-discrimination under the Convention,
drawing on reports of
States parties, its statement to the Second World Assembly on Ageing
(A/57/38

(Part I), paras. 430-436), and the Madrid Plan of Action adopted by that
Assembly.

380. The Committee requested the secretariat to provide a report on its
current schedule for general recommendations for its twenty-eighth
session in
January 2003.

Statement of support for a Decade against Trafficking

381. The Committee on the Elimination of Discrimination against Women
welcomes the integration of a gender perspective in the Durban
Declaration and
Programme of Action adopted by the World Conference against Racism, Racial
Discrimination, Xenophobia and Related
Intolerance, held in Durban, South
Africa, from 31 August to 8 September 2001. It welcomes the fact that the World
Conference drew
attention to the special impact of racism, racial
discrimination, xenophobia and related intolerance on women and girls and to the
existence of multiple discrimination against women and girls, in all areas of
life, including as victims of trafficking.

382. The Committee welcomes and supports the recommendation of the Durban
Programme of Action for the inauguration of a United Nations
decade against
trafficking in persons, especially women, youth and children.

383. The Committee wishes to draw attention to the wide and increasing
dimensions of trafficking in women, which constitutes a major
part of
contemporary trade in persons and is a form of slavery and a violation of
article 6 of the Convention.

384. The Committee is convinced that the deliberations, conferences,
publications and other activities that would be undertaken by
the United Nations
and its agencies in the promotion of a decade against trafficking of persons,
especially women, youth and children,
would make a major contribution to the
attempts to eradicate the human suffering caused by trafficking and would
address the marginalization,
discrimination and exploitation of so many women
around the world, particularly from poor countries, who are victims of
trafficking.

Chapter VIII

Provisional agenda for the exceptional session and the

twenty-eighth session

385. The Committee considered the draft provisional agenda for its
exceptional session and twenty-eighth session at its 567th meeting
(see
CEDAW/C/SR.567). The Committee decided to approve the following provisional
agendas for the sessions:

Exceptional session

1. Opening of the session.

2. Adoption of the agenda and organization of work.

3. Report of the Chairperson on activities undertaken between the
twenty-seventh and exceptional sessions of the Committee.

4. Consideration of reports submitted by States parties under article 18 of
the Convention on the Elimination of All Forms of Discrimination
against
Women.

5. Implementation of article 22 of the Convention on the Elimination of All
Forms of Discrimination against Women.

6. Adoption of the report of the Committee on its exceptional session.

Twenty-eighth session

1. Opening of the session.

2. Solemn declaration by the new members of the Committee.

3. Election of officers.

4. Adoption of the agenda and organization of work.

5. Report of the Chairperson on activities undertaken between the
exceptional and twenty-eighth sessions of the Committee.

6. Consideration of reports submitted by States parties under article 18 of
the Convention on the Elimination of All Forms of Discrimination
against
Women.

7. Implementation of article 21 of the Convention on the Elimination of All
Forms of Discrimination against Women.

8. Ways and means of expediting the work of the Committee.

9. Provisional agenda for the twenty-ninth session.

10. Adoption of the report of the Committee on its twenty-eighth
session.

Chapter IX

Adoption of the report

386. The Committee considered the draft report on its twenty-seventh session
(CEDAW/C/2002/I/L.1 and CEDAW/C/2002/II/CRP.3 and Add.1-6)
at its 567th meeting
(see CEDAW/C/SR.567) and adopted it, as orally revised during the
discussion.

A.1. These guidelines replace all earlier reporting guidelines issued by the
Committee on the Elimination of Discrimination against
Women (CEDAW/C/7/Rev.3),
which may now be disregarded. The present guidelines do not affect the
Committee’s procedure in relation
to any exceptional reports which may be
requested which are governed by the Rule 48.5 of the Committee’s Rules of
Procedure
and its Decision 21/I on exceptional reports.

A.2. These guidelines will be effective for all reports to be submitted after
31 December 2002.

A.3. The guidelines should be followed by States parties in the preparation
of initial and all subsequent periodic reports.

A.4. Compliance with these guidelines will reduce the need for the Committee
to request further information when it proceeds to consider
a report; it will
also help the Committee to consider the situation regarding human rights in
every State party on an equal basis.

B. Framework of the Convention concerning reports

B.1. Every State party, upon ratifying or acceding to the Convention,
undertakes, under article 18, to submit, within a year of the
Convention’s
entry into force for that State, an initial report on the legislative, judicial,
administrative or other measures
it has adopted to give effect to the provisions
of the Convention and progress made in this respect; and thereafter periodic
reports
at least every four years and further whenever the Committee so
requests.

C. General guidance for contents of all reports

C.1. The articles and the Committee’s general recommendations.
The terms of the articles in Parts I, II, III and IV of the Convention must,
together with general recommendations adopted by the
Committee on any such
article, or on a theme addressed by the Convention, be taken into account in
preparing the report.

C.2. Reservations and declarations. Any reservation to or declaration
as to any article of the Convention by the State party should be explained and
its continued maintenance
justified. Taking account of the Committee’s
statement on reservations adopted at its nineteenth session (see A/53/38/Rev.1,
part two, chap. I, sect. A), the precise effect of any reservation or
declaration in terms of national law and policy should be explained.
States
parties that have entered general reservations which do not refer to a specific
article, or which are directed at articles
2 and/or 3 should report on the
effect and the interpretation of those reservations. States parties should
provide information on
any reservations or declarations they may have lodged
with regard to similar obligations in other human rights treaties.

C.3. Factors and difficulties. Article 18.2 of the Convention provides
that factors and difficulties affecting the degree of fulfilment of obligations
under the
Convention may be indicated. A report should explain the nature and
extent of, and reasons for every such factor and difficulty,
if any such exist;
and should give details of the steps being taken to overcome them.

C.4. Data and statistics. A report should include sufficient data and
statistics disaggregated by sex relevant to each article and the general
recommendations
of the Committee to enable it to assess progress in the
implementation of the Convention.

C.5. Core document. Where the State party has already prepared a core
document, this will be available to the Committee. It should be updated as
necessary
in the report, particularly as regards “General legal
framework” and “Information and publicity” (HRI/CORE/1,
annex).

D. The initial report

D.1. General

D.1.1. This report is the State party’s first opportunity to present to
the Committee the extent to which its laws and practices
comply with the
Convention which it has ratified. The report should:

(a) Establish the constitutional, legal and administrative framework for the
implementation of the Convention;

(b) Explain the legal and practical measures adopted to give effect to the
provisions of the Convention;

(c) Demonstrate the progress made in ensuring enjoyment of the provisions of
the Convention by the people within the State party
and subject to its
jurisdiction.

D.2. Contents of the report

D.2.1. A State party should deal specifically with every article in Parts I,
II, III and IV of the Convention; legal norms should
be described, but that is
not sufficient: the factual situation and the practical availability, effect and
implementation of remedies
for violation of provisions of the Convention should
be explained and exemplified.

D.2.2. The report should explain:

(1) Whether the Convention is directly applicable in domestic law on
ratification, or has been incorporated into the national Constitution or
domestic law so as to be directly applicable;

(2) Whether the provisions of the Convention are guaranteed in a
Constitution or other laws and to what extent; or if not, whether its provisions
can be invoked before and given effect to by courts, tribunals
and
administrative authorities;

(3) How article 2 of the Convention is applied, setting out the principal
legal measures which the State party has taken to give
effect to Convention
rights; and the range of remedies available to persons whose rights may have
been violated.

D.2.3. Information should be given about the judicial, administrative and
other competent authorities having jurisdiction with respect
to the
implementation of the provisions of the Convention.

D.2.4. The report should include information about any national or official
institution or machinery which exercises responsibility
in implementing the
provisions of the Convention or in responding to complaints of violations of
those provisions, and give examples
of their activities in this respect.

D.2.5. The report should outline any restrictions or limitations, even of a
temporary nature, imposed by law, practice or tradition,
or in any other manner
on the enjoyment of each provision of the Convention.

D.2.6. The report should describe the situation of non-governmental
organizations and women’s associations and their participation
in the
implementation of the Convention and the preparation of the report.

D.3. Annexes to the report

D.3.1. The report should contain sufficient quotations from or summaries of
the relevant principal constitutional, legislative and
other texts which
guarantee and provide remedies in relation to Convention rights.

D.3.2. The reports should be accompanied by these texts, which will not be
translated or copied, but will be made available to the
Committee.

E. Subsequent periodic reports

E.1. In general, the subsequent periodic reports of States parties should
focus on the period between the consideration of their previous
report and the
presentation of the current reports. There should be two starting points for
such reports:

(a) The concluding comments (particularly “Concerns” and
“Recommendations”) on the previous report;

(b) An examination by the State party of the progress made towards and the
current implementation of the Convention within its territory
or jurisdiction
and the enjoyment of its provisions by those within its territory or
jurisdiction.

E.2. Periodic reports should be structured so as to follow the articles of
the Convention. If there is nothing new to report under
any article, it should
be so stated. Periodic reports should also highlight any remaining obstacle to
the participation of women
on an equal basis with men in the political, social,
economic and cultural life of the State party.

E.3. The State party should refer again to the guidance on initial reports
and on annexes, insofar as these may also apply to periodic
reports.

E.4. There may be circumstances where the following matters should be
addressed:

(a) A fundamental change may have occurred in the State party’s
political and legal approach affecting Convention implementation:
in such a case
a full article-by-article report may be required;

(b) New legal or administrative measures may have been introduced which
require the annexure of texts, and judicial or other decisions.

F. Optional protocol

F.1. If the State party has ratified or acceded to the Optional Protocol and
the Committee has issued Views entailing provision of
a remedy or expressing any
other concern, relating to a communication received under that Protocol, a
report should include information
about the steps taken to provide a remedy, or
meet such a concern, and to ensure that any circumstance giving rise to the
communication
does not recur.

F.2. If the State party has ratified or acceded to the Optional Protocol and
the Committee has conducted an inquiry under article
8 of the Optional Protocol,
a report should include details of any measures taken in response to an inquiry,
and to ensure that the
violations giving rise to the inquiry do not recur.

G. Measures to implement outcomes of United Nations conferences, summits
and reviews

G.1. In the light of paragraph 323 of the Beijing Platform for Action,
adopted at the Fourth World Conference on Women, in September
1995, initial and
subsequent reports of States parties should contain information on the
implementation of the actions to be taken
in regard to the 12 critical areas of
concern identified in the Platform. Reports should also contain information on
the implementation
of the Further actions and initiatives to implement the
Beijing Declaration and Platform for Action agreed by the twenty-third special
session of the General Assembly, “Women 2000: gender equality, development
and peace for the twenty-first session” in
June 2000.

G.2. Taking into account the gender dimensions of declarations, platforms and
programmes of action adopted by relevant United Nations
conferences, summits and
special sessions of the General Assembly (such as the World Conference against
Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the Second
World Assembly on Ageing), reports should include information on the
implementation
of specific aspects of these documents which relate to specific
articles of the Convention in the light of the subjects with which
they deal
(for example, migrant women or older women).

H. The Committee’s consideration of reports

H.1. General

H.1.1. The Committee intends its consideration of a report to take the form
of a constructive discussion with the delegation, the
aim of which is to improve
the situation pertaining to Convention rights in the State.

H.2. List of issues and questions with respect to periodic
reports

H.2.1. On the basis of all information at its disposal, the Committee will
supply in advance a list of issues or questions which will
form the basic agenda
for consideration of periodic reports. Written answers to the list of issues of
questions will be required
from the State party several months in advance of the
session at which the report will be considered. The delegation should come
prepared to address the list of issues and to respond to further questions from
members, with such updated information as may be
necessary; and to do so within
the time allocated for consideration of the report.

H.3. The State party’s delegation

H.3.1. The Committee wishes to ensure that it is able effectively to perform
its functions under article 18 and that the reporting
State party should obtain
the maximum benefit from the reporting requirement. The State party’s
delegation should therefore
include persons who, through their knowledge of and
competence to explain the human rights situation in that State, are able to
respond
to the Committee’s written and oral questions and comments
concerning the whole range of the Convention’s provisions.

H.4. Concluding comments

H.4.1. Shortly after the consideration of the report, the Committee will
publish its concluding comments on the report and the constructive
dialogue with
the delegation. These concluding comments will be included in the
Committee’s annual report to the General Assembly;
the Committee expects
the State party to disseminate these conclusions, in all appropriate languages,
with a view to public information
and discussion.

H.5. Extra information

H.5.1. In the course of its consideration of a report, the Committee may
request, or the delegation may offer, further information;
the secretariat will
keep a note of such matters, which should be dealt with in the subsequent
report.

I. Format of the report

I.1. Reports should be submitted in one of the six official languages of the
United Nations (Arabic, Chinese, English, French, Spanish
or Russian). They
should be submitted in hard and electronic form.

I.2. Reports should be as concise as possible. Initial reports should be no
more than 100 pages; periodic reports should be no more
than 70 pages.

I.3. Paragraphs should be sequentially numbered.

I.4. The document should be on A4-sized paper; and presented in single-spaced
format.

I.5. The document should be printed on one side of each sheet of paper so as
to allow for reproduction by photo-offset.

Part three

Report of the Committee on the Elimination

of Discrimination against Women on its

exceptional session

His Excellency Mr. Kofi Annan

Secretary-General of the United Nations

New York

Letter of transmittal

15 September 2002

Sir,

I have the honour to refer to article 21 of the Convention on the
Elimination of All Forms of Discrimination against Women, according
to which the
Committee on the Elimination of Discrimination against Women, established
pursuant to the Convention, “shall,
through the Economic and Social
Council, report annually to the General Assembly of the United Nations on its
activities”.

The Committee on the Elimination of Discrimination against Women held its
exceptional session at United Nations Headquarters from
5 to 23 August 2002. It
adopted its report on the session at the 588th meeting, on 23 August 2002. The
report of the Committee is
herewith submitted to you for transmission to the
General Assembly at its fifty-seventh session.

(Signed) Charlotte Abaka

Chairperson

Committee on the Elimination of Discrimination against Women

Chapter I

Introduction

1. In its decision 25/I, adopted at its twenty-fifth session, the Committee,
taking into account the fact that a significant number
of reports of States
parties were awaiting consideration and that it was concerned that the
information contained therein would become
obsolete, requested the General
Assembly to approve, on an exceptional basis, a session of three weeks’
duration in August
2002, consisting of 30 meetings of the Committee to be used
entirely for the consideration of the reports of States parties in order
to
reduce the backlog of reports.

2. In its resolution 56/229 of 24 December 2001, the General Assembly
acknowledged the number of reports awaiting consideration by
the Committee and
decided to authorize the Committee to hold, on an exceptional basis, an
extraordinary session of three weeks’
duration in 2002 to be used entirely
for the consideration of the reports of the States parties.

3. A total of 11 States parties presented reports at the Committee’s
exceptional session, which was held from 5 to 23 August
2002.

Chapter II

Organizational and other matters

A. States parties to the Convention on the Elimination of All Forms of
Discrimination against Women

4. On 23 August 2002, the closing date of the exceptional session of the
Committee on the Elimination of Discrimination against Women,
there were 170
States parties to the Convention on the Elimination of All Forms of
Discrimination against Women, which was adopted
by the General Assembly in its
resolution 34/180 of 18 December 1979 and opened for signature, ratification and
accession in New
York in March 1980. In accordance with its article 27, the
Convention entered into force on 3 September 1981.

5. A list of States parties to the Convention is contained in annex I to the
present report. A list of States parties that have accepted
the amendment to
article 20, paragraph 1, of the Convention is contained in annex II. A list of
States parties that have signed,
ratified or acceded to the Optional Protocol to
the Convention is contained in annex III.

B. Opening of the session

6. The Committee held is exceptional session at United Nations Headquarters
from 5 to 23 August 2002. The Committee held 24 plenary
meetings (568th to
588th) and met as a working group of the whole in 6 meetings.

7. The session was opened by the Chairperson of the Committee, Charlotte
Abaka (Ghana), who had been elected at the twenty-fourth
session of the
Committee, in January 2001.

8. Addressing the Committee at its 568th meeting, on 5 August 2002, the
Assistant Secretary-General and Special Adviser to the Secretary-General
on
Gender Issues and Advancement of Women, Angela E. V. King, welcomed the members
of the Committee to the exceptional session and
informed them about several
events which had taken place between the twenty-seventh and exceptional
sessions.

9. The Special Adviser informed the Committee about the open debate of the
Security Council on conflict, peacekeeping and gender,
where she had presented
some findings, including challenges and recommendations emanating from the
Secretary-General’s study
on women, peace and security. She stated that
the study, which was nearly completed, was based on inputs from all United
Nations
entities that participated in the Inter-agency Task Force on Women,
Peace and Security, and provided the collective wisdom and experience
of the
United Nations system, both at Headquarters and in the field. The study
considered the impact of armed conflict on women and
girls at every stage of
conflict, and revealed that violence against women and girls during armed
conflict often continues as domestic
violence when the conflict is over. The
study concluded that sustainable peace and lasting security could not be
achieved without
the empowerment of women and made recommendations on protection
issues, humanitarian law, girl child soldiers, disarmament, demobilization,
resettlement and rebuilding.

10. The Special Adviser highlighted the multi-year programme of work of the
Commission on the Status of Women for 2002-2006 and informed
the Committee that
the Commission would consider two thematic issues at its forty-seventh session,
in 2003, in addition to the regular
items on its agenda. Those themes were:
“participation and access of women to the media, and information and
communication
technologies and their impact on and use as an instrument for the
advancement and empowerment of women” and “women’s
human
rights and elimination of all forms of violence against women and girls as
defined in the Beijing Platform for Action and the
outcome document of the
special session of the General Assembly entitled ‘Women 2000: gender
equality, development and peace
for the twenty-first century’”. She
indicated that expert group meetings on those topics would be held in November
2002.

11. The Special Adviser drew the Committee’s attention to the
ratification of the Convention by Bahrain on 18 June 2002. She
informed the
Committee that that brought the total number of States parties to 170, and she
assured the Committee that her Office
and the Division for the Advancement of
Women would continue to take every opportunity to encourage ratification of the
Convention
and the Optional Protocol, as well as the amendment to article 20,
paragraph 1. The Special Adviser informed the Committee of the
positive feedback
which she had received from the States parties at the informal meeting of States
parties that the Committee convened
during its twenty-seventh session. The
Special Adviser also stated that the Division was planning to hold a reporting
workshop in
November, at the headquarters of the Economic and Social Commission
for Asia and the Pacific (ESCAP), for East Asian States parties
which have not
yet submitted reports to the Committee.

12. In closing, the Special Adviser informed the Committee about the General
Assembly’s target of 50 per cent women in all Professional
and
higher-level posts. She stated that that goal was still far from being met; as
of 30 June 2002, in the entire United Nations
system, including the Secretariat,
only 34 per cent of women held posts at those levels. She called on the
Committee to ask States
parties to routinely provide information on how many
women nationals work for international or regional organizations, which would
assist the Secretary-General in meeting the goal of 50 per cent gender
equality.

C. Attendance

13. Twenty-one members of the Committee attended the exceptional session.
Naela Gabr attended from 9 to 23 August; Göran Melander
from 19 to 23
August. Emna Aouij and Mavivi Myakayaka-Manzini did not attend the session.

14. A list of the members of the Committee indicating the duration of their
terms of office appears in annex IV of the present report.

D. Adoption of the agenda and organization of work

15. The Committee considered the provisional agenda and proposed organization
of work (CEDAW/C/2002/EXC/1) at its 568th meeting, on
5 August 2002. The agenda
as adopted was as follows:

1. Opening of the session.

2. Adoption of the agenda and organization of work.

3. Report of the Chairperson on activities undertaken between the
twenty-seventh and the exceptional sessions of the Committee.

4. Consideration of the reports submitted by States parties under article 18
of the Convention on the Elimination of All Forms of
Discrimination against
Women.

5. Implementation of article 22 of the Convention on the Elimination of All
Forms of Discrimination against Women.

6. Adoption of the report of the Committee on its exceptional session.

E. Report of the pre-session working group

16. A pre-session working group of the Committee was convened from 4 to 8
February 2002 to prepare lists of issues and questions relating
to the periodic
reports that would be considered by the Committee at the exceptional session.
The pre-session working group for the
exceptional session, as authorized by the
General Assembly in its resolution 56/229, met together with the pre-session
working group
for the twenty-seventh session. The following 10 members of the
Committee participated: Charlotte Abaka (Africa), Ivanka Corti (Europe),
Yolanda
Ferrer Gómez (Latin America and the Caribbean), Rosalyn Hazelle (Latin
America and the Caribbean), Rosario Manalo
(Asia), Göran Melander (Europe),
Mavivi Myakayaka-Manzini (Africa), Frances Livingstone Raday (Europe), Zelmira
Regazzoli (Latin
America and the Caribbean) and Heisoo Shin (Asia).

17. The working group prepared lists of issues and questions relating to the
reports of 11 States parties, namely, Argentina, Armenia,
Barbados, Czech
Republic, Greece, Guatemala, Hungary, Mexico, Peru, Uganda and Yemen.

18. At its 568th meeting, on 5 August 2002, Ms. Ivanka Corti, on behalf of
the Chairperson of the pre-sessional working group, Mr.
Göran Melander,
introduced the report of the group (CEDAW/PSWG/2002/EXC/CRP.1 and Add.1-10).

Chapter III

Report of the Chairperson on the activities undertaken between the
twenty-seventh and exceptional sessions of

the Committee

19. At its 568th meeting, on 5 August 2002, the Chairperson of the Committee,
Charlotte Abaka, briefed the Committee on her attendance
at the 14th Meeting of
Chairpersons of Treaty Bodies, where she was elected Chairperson/Rapporteur of
the meeting. She stated that
the meeting gave Chairpersons the opportunity to
exchange views and engage in dialogue with others in the field, including the
Commission
on Human Rights and its special procedures, and the Subcommission on
the Promotion and Protection of Human Rights.

20. The Chairperson also briefed the Committee on the fourth joint meeting
with special procedures mandate-holders, where the importance
of interaction
with the special procedures of the Commission on Human Rights was discussed and
recommendations made that the Office
of the United Nations High Commissioner for
Human Rights explore ways of encouraging further dialogue between them. The
Chairperson
stated that the next joint meeting would be dedicated to a
discussion on globalization and its impact upon the various mandates of
the
special procedures and treaty bodies.

21. The Chairperson drew the Committee’s attention to the informal
consultation between States parties and the Chairpersons,
in which a number of
issues were discussed, including the periodicity of reports, the burden that
reports can entail, in particular
for small States, and consideration of reports
by States parties. She stated that, owing to the interest generated during the
meeting,
it had been agreed that an entire day would be dedicated to an informal
consultation between States parties and the Chairpersons
in 2003.

22. The Chairperson informed the Committee on the first Inter-Committee
meeting, which focused on ways of strengthening cooperation
and collaboration
among the treaty bodies and ways of harmonizing their working methods. She
stated that, owing to the success of
the Inter-Committee meeting, it was
recommended that a second meeting be convened in two years to discuss
outstanding issues from
the first Inter-Committee meeting. She noted in
particular that all participants in the Inter-Committee meeting had agreed that
human
rights treaty bodies should work together in a complementary way in order
to include the holistic nature of the human rights treaty
framework.

Chapter IV

Consideration of reports submitted by States parties under article 18 of
the Convention

A. Introduction

23. At its exceptional session, the Committee considered the reports of 11
States parties submitted under article 18 of the Convention:
the second periodic
reports of two States parties; the third periodic report of one State party; the
combined third and fourth periodic
report of one State party; the fourth
periodic reports of three States parties; the combined fourth and fifth periodic
reports of
two States parties; and the fifth periodic reports of five States
parties.

24. The Committee prepared concluding comments on each of the reports
considered. The Committee’s concluding comments, as prepared
by members of
the Committee, and a summary of the introductory presentations by the
representatives of the States parties are provided
below.

B. Consideration of reports of States parties

1. Second periodic reports

Armenia

25. The Committee considered the second periodic report of Armenia
(CEDAW/C/ARM/2) at its 571st and 572nd meetings on 7 August 2002
(see
CEDAW/C/SR.571 and 572).

(a) Introduction by the State party

26. In introducing the report, the representative of Armenia informed the
Committee that the Government had sought to implement the
recommendations and
suggestions in the Committee’s concluding comments on Armenia’s
initial report, but despite its best
efforts, 10 years had not been sufficient
for Armenia to solve the problems it had faced as a result of transition, a
devastating
earthquake, a blockade and other extremely difficult
circumstances.

27. In May 2002 a decree of the Prime Minister had created the position of
Deputy Minister for Women’s Issues within the Ministry
of Social Security.
The Deputy Minister heads the Department of Women’s Affairs, coordinates
all women-related activities of
other ministries, ensures collaboration with
women’s non-governmental organizations (NGOs) and enforces compliance with
the
Convention. By the same decree, two commissions for women’s issues had
been established, the first to develop the “National
Programme and Plan of
Action for the Improvement of Women’s Status and the Enhancement of their
Role in the Society”
and create mechanisms for its implementation, and the
second to deal with trafficking of women.

28. The Government was aware of the crucial role of NGOs in the advancement
of women. NGOs had traditionally worked in close collaboration
with government
entities, but four NGO representatives had been included in one of the
commissions, thereby allowing for more direct
cooperation, including in the
design and implementation of government programmes. Women’s NGOs and the
Ministry of Social Security
had collaborated on the creation of the
“Ororots” or “Cradle” Programme, which supported
pregnant women and
newborns. The Ministries of Health and Social Security and
NGOs were also planning additional projects aimed at improving conditions
in
maternity wards in the light of the maternal mortality rate, which had increased
from 32 per 100,000 from 1995 to 1997 to 42 per
100,000 between 1998 and
2000.

29. Although there was no legal impediment to women standing for election to
the National Assembly, there were only four women in
the 131-member National
Assembly. A fair and transparent environment needed to be created with
sufficient financial resources and
the removal of social, cultural and
psychological barriers to encourage a greater number of women to run for office;
however, partly
as a result of training and seminars by NGOs, data indicated
that more women would run in the regional and municipal elections scheduled
for
20 October 2002 than in previous years.

30. The representative indicated that the Ministry of Social Security planned
to create new employment opportunities for women, implement
special
zero-interest microcredit programmes in urban and rural areas to support women
entrepreneurs, promote the activities of women
in small and medium-sized
businesses and increase the financing given to state-operated day-care
facilities. One of the most important
goals of the Ministry of Social Security
was the removal of discrimination against women through the reduction of poverty
and a “Poverty
Reduction Strategy” had been presented to the public
for discussion.

31. The representative indicated that, since its independence, Armenia had
signed and ratified over 40 international instruments on
human rights, a number
of which were directed at the protection of women’s rights. Armenia had
signed the United Nations Convention
against Transnational Organized Crime and
its supplementary Protocols to Prevent, Suppress and Punish Trafficking in
Persons, Especially
Women and Children, and against the Smuggling of Migrants by
Land, Sea and Air, and the Rome Statute of the International Criminal
Court, and
it was envisaged that those instruments would be ratified during the fall
session of the National Assembly. In addition,
Armenia had become a full member
of the Council of Europe on 25 January 2001 and signed the European
Convention on the Protection
of Human Rights and Fundamental Freedoms and its
Protocols. Under the Decree by the President of Armenia, a special working group
was set up, which would develop recommendations on legislative reforms and
practical measures aimed at compliance with the requirements
of the Convention.
National legislation affirmed the notion of equality of rights for everyone in
all spheres, equality of opportunity
for women and men in health care,
education, economic opportunities, employment and the administration of justice.

32. The Constitutional Court assessed whether the obligations in
international instruments were in compliance with the Armenian Constitution
prior to their ratification. On ratification, treaties became an integral part
of the Armenian legal system, with Article 116 of
the Constitution providing
that laws and other legal acts of the Republic of Armenia should apply to the
extent that they did not contradict the Constitution. Draft legislation was
submitted to international experts in order to assess their compliance with
Armenia’s international
obligations, especially in the field of human
rights.

33. Trafficking in women was a comparatively new phenomenon in Armenia and
was not directly addressed in legislation. Some of the
components of
trafficking, such as illegal border crossing and the preparation of forged
documents, were punishable under current
laws, and a number of articles in the
Criminal Code, including those on rape, sex with minors, bogus marriage,
polygamy, pimping
and kidnapping, were also relevant. A special
inter-ministerial working group tasked with elaborating appropriate programmes
of action,
proposing necessary legislative reforms or amendments and designing
concrete projects had recently been formed, and television programmes,
articles
and awareness-raising campaigns had also addressed the issue. The Government
believed that the provision of qualified assistance
and professional
consultation on migration issues would reduce the risk of trafficking for
potential migrants and, accordingly, in
March 2002, the State Department for
Migration and Refugees established a “Migrants Service Point” (MSP),
which was also
implementing trafficking prevention programmes.

34. The representative indicated that, although reported rates of crimes
against women in the home were very low, it was generally
acknowledged that they
were underreported because of the desire to keep the family together for the
sake of the children, financial
dependence or fear of public opinion. Social and
economic conditions also prevented reporting and prosecutions. Although the
Criminal
Code regulated acts of violence against women in general, there was no
specific legislation on domestic violence, and large numbers
considered that a
man was justified in beating his wife in certain situations. The representative
indicated that public attitudes
towards the legal system were negative and
consequently resort to courts was unusual. An anti-corruption strategy and
action plan
were developed and submitted for the approval of the Prime Minister
by the Joint Working Group on Anti-Corruption.

35. The representative stated that the transition to a market economy had not
been a gradual process, but had been fragmented and
the impact on the State
economy had been significant. Although 98 to 99 per cent of the population was
literate, 55 per cent lived
in poverty and about 66 per cent of the unemployed
in Armenia were women. In general, women were employed in less mobile and
consequently
non-competitive situations in the labour market, which resulted,
inter alia, in a decrease in their standard of living. Currently,
social
security and benefits were reduced to a minimum for categories such as single
mothers, mothers with more than one child and
those with disabilities. There had
also been budget reductions in health, education and culture. Many mothers had
chosen to place
their children under State guardianship, and the Ministry of
Social Security together with UNICEF were monitoring orphanages as well
as
families which had placed their children in those facilities. As a result, many
children would be returned to their families and
would receive some financial
assistance.

36. In concluding, the representative emphasized the commitment of the
Government of Armenia to improving the situation of women and
securing de jure
and de facto equality between women and men. The challenges facing women had
become more clearly articulated in
recent years, the number of women’s
NGOs had significantly increased and society was becoming more conscious of
gender issues.
The public perception of gender roles had not changed
significantly, but there was greater consciousness of the necessity of changing
the existing situation.

(b) Concluding comments of the Committee

Introduction

37. The Committee commends the State party on its second report, which was
presented in a timely manner. It also commends the State
party for the written
replies to the questions of the Committee’s pre-session working group, and
the frank oral presentation
of the delegation that sought to clarify the current
situation of women in Armenia, and provided additional information on the
implementation
of the Convention.

38. The Committee congratulates the State party for the high-level delegation
headed by the Permanent Representative of Armenia to
the United Nations and the
Deputy Minister for Social Security. The Committee appreciates the open dialogue
that took place between
the delegation and the members of the Committee.

Positive aspects

39. The Committee welcomes the establishment of a national machinery for the
advancement of women through the creation, in May 2002,
of the position of
Deputy Minister for Women’s Issues in the Ministry of Social Security to
coordinate all the activities of
other ministries with regard to women and to
ensure collaboration with women’s NGOs.

40. The Committee expresses satisfaction at the continuing achievements of
Armenian women in the field of education, particularly
in the technical and
scientific areas, including new technology.

41. The Committee welcomes the growing number of non-governmental
organizations that play a prominent role in promoting women’s
empowerment
in Armenia and appreciates that the State party has included four NGO
representatives in its Commission on Human Rights.

Principal areas of concern and recommendations

42. The Committee is concerned that women are underrepresented in
decision-making and political bodies, in particular in the National
Assembly
where they hold only 4 out of 131 seats. The Committee is concerned that
women’s skills and potential are not sufficiently
utilized in
Armenia’s efforts to battle the serious economic and social challenges the
State party is facing, including the
refugee problem. The Committee is also
concerned that, despite their participation in the NGO sector, women are not
active in politics
generally, and that their level of participation in political
parties is less than 20 per cent.

43. The Committee recommends the adoption and implementation of measures
to increase women’s participation in the political sphere
and to consider
applying temporary special measures set forth in article 4, paragraph 1, of
the Convention, such as quotas. The Committee
recommends that the State party
offer support training programmes for current and future women leaders and carry
out awareness-raising
campaigns on the importance of women’s participation
in political decision-making.

44. The Committee notes that, despite the growing number of NGOs active in
women’ empowerment, the cooperation between the State
party and
non-governmental organizations in the implementation of the Convention and the
preparation of the report has been limited.

45. The Committee encourages the State party to involve non-governmental
organizations in all stages of the implementation of the Convention,
including
in policy-making.

46. The Committee expresses concern at the prevalence of violence against
women and that the current legislation on violence does
not include any specific
provisions on domestic violence. It is concerned that the current penalties for
rape are very light and
can suggest to the community that this infringement of
human rights is not a serious crime.

47. The Committee urges the State party to recognize that violence against
women, including domestic violence, constitutes a violation
of the human rights
of women under the Convention and requests the State party to place a high
priority on the introduction of comprehensive
and holistic measures to address
violence against women and girls in the family and society. It calls on the
State party to ensure
that such violence is prosecuted and heavily penalized.
Drawing on its general recommendation 19, the Committee requests the State
party
to enact legislation on domestic violence, and to ensure that victims have
immediate means of redress and protection. It recommends
that measures be taken
to provide shelters for women and girl victims of violence and to ensure that
all public officials, in particular
law enforcement officials and the judiciary,
as well as health providers and social workers, are fully sensitized to all
forms of
violence against women and girls. The Committee also recommends that
the State party undertake awareness-raising measures, including
zero-tolerance
campaigns through the media and public education programmes, to ensure all forms
of violence against women and girls,
including domestic violence, are regarded
as morally and socially unacceptable.

48. While noting the establishment of the Migrants Service Point as part of
an anti-trafficking strategy, the Committee is concerned
at the absence of a
comprehensive policy, including legislation, to combat trafficking in women and
girls. The Committee is also
concerned that current legislative provisions to
address components of trafficking may exacerbate the situation of victims,
rather
than discourage perpetrators.

49. The Committee urges the State party to assign the issue of trafficking
in women and girls high priority through the formulation of
a comprehensive
strategy to combat this crime, which should include the prosecution and
punishment of offenders and increased international,
regional and bilateral
cooperation with countries of origin, transit and destination of trafficked
women. It recommends the introduction
of measures aimed at improving the
economic situation of women so as to eliminate their vulnerability to
traffickers, education initiatives
for vulnerable groups, including teenage
girls, as well as social support, rehabilitation and reintegration measures for
women and
girls who have been victims of trafficking. The Committee calls on the
State party to ensure that trafficked women and girls have
the support they need
so that they can give testimony against perpetrators of trafficking and urges
training of border police and
law enforcement personnel so that they have the
skills necessary to recognize and provide support for victims of
trafficking.

50. The Committee expresses concern at the lack of information in the report
and in the responses on prostitution and that the State
party has not made
sufficient efforts to address the issue of exploitation of prostitutes.

51. The Committee requests the State party to provide information on
prostitution in its next periodic report and to formulate and implement
a
comprehensive programme to address this phenomenon, including through the
enactment of legislation against exploitation of prostitutes.

52. The Committee expresses concern that budget cuts in the health-care
system severely limit women’s access to health care.
It is concerned about
the status of women’s health, especially their reproductive health, and
the increase in the rate of maternal
mortality. The Committee is concerned at
the widespread use of abortion as a commonly used means of birth control,
particularly in
rural areas.

53. The Committee urges the State party to maintain access to affordable
and adequate health care. Drawing attention to its general recommendation
24 on
women and health, the Committee calls on the State party to ensure the
availability and accessibility of affordable contraceptive
means to both women
and men as part of a comprehensive health policy. The Committee encourages the
State party to promote programmes
of sex education for both girls and boys. The
Committee calls on the State party to take all appropriate steps to foster
responsible
sexual behaviour and take all appropriate steps to stop the use of
abortion as a means of birth control.

54. The Committee is particularly concerned that deeply rooted patriarchal
attitudes in the family and society persist despite the
high level of education
that women have achieved.

55. The Committee recommends that the State party take urgent and
wide-ranging measures, such as the revision of curricula and textbooks
and the
implementation of awareness-raising programmes, including specific programmes
targeting men and boys, to change stereotypical
and discriminatory attitudes and
perceptions about the roles and responsibilities of women and girls and men and
boys in the family
and in society.

56. The Committee expresses concern at the higher level of women’s
unemployment than men’s. The Committee is concerned
at the lack of
sex-disaggregated data relating to specific employment issues, in particular
wages. It is concerned that there is
no equal employment opportunities
legislation, providing appropriate civil and criminal remedies for
discrimination in hiring, promotion,
dismissal and sexual harassment in the
public and private sectors. The Committee is also concerned that some of the
protective provisions
for women in employment are formulated in a way that
perpetuates disadvantageous stereotypes.

57. The Committee recommends that the State party adopt equal employment
opportunities legislation. The Committee also recommends the
setting up of
training programmes aiming to facilitate women’s employment and urges the
State party to collate sex-disaggregated
data on all aspects of women’s
employment, and especially wages, so as to address the employment situation in
an informed way.
In addition, the Committee recommends that the State party
review its protective legislation in order to address any negative impact
it may
have on women’s employment.

58. The Committee expresses concern regarding the situation of rural women,
including their access to health-care services and income-generating
activities.

59. The Committee encourages the State party to develop special policies
and programmes aimed at the economic empowerment of rural women
and their access
to health-care services.

60. The Committee is concerned that the situation of growing economic
hardship and extreme poverty in the country, especially the
feminization of
poverty, negatively impacts on women’s enjoyment of their human
rights.

61. The Committee urges the States party to develop poverty reduction
programmes targeted to women, including for the predominantly female
refugee
population.

62. The Committee notes the insufficiency of sex-disaggregated statistical
data in all fields. It is also concerned that the impact
of policies and
programmes aimed at the advancement of women has not been assessed.

63. The Committee recommends a comprehensive compilation of
sex-disaggregated data and urges the State party to include relevant statistics
and data in its next report. It also recommends the introduction of regular
impact assessments of legislation, policies and programmes.

64. The Committee is concerned that the minimum legal age for marriage is 17
years for women and 18 years for men. It is also concerned
that in exceptional
circumstances girls may marry at 16.

65. The Committee recommends that the State party raise the age of
marriage for women to 18 years.

66. The Committee urges the State party to sign and ratify the Optional
Protocol to the Convention and to deposit, as soon as possible,
its instrument
of acceptance of the amendment to article 20, paragraph 1 of the Convention on
the Committee’s meeting time.

67. The Committee requests the State party to respond to the concerns
expressed in these concluding comments in its next periodic report
under article
18 of the Convention.

68. Taking account of the gender dimension of declarations, programmes and
platforms for action adopted by relevant United Nations conferences,
summits and
special sessions (such as the special session of the General Assembly to review
and appraise the implementation of the
Programme of Action of the International
Conference on Population and Development (the twenty-first special session), the
special
session on children (the twenty-seventh special session), the World
Conference against Racism, Racial Discrimination, Xenophobia
and Related
Intolerance and the Second World Assembly on Ageing), the Committee requests the
State party to include information on
the implementation of aspects of these
documents relating to relevant articles of the Convention in its next periodic
report.

69. The Committee requests the wide dissemination in Armenia of the
present concluding comments in order to make the people of Armenia,
and
particularly government administrators and politicians, aware of the steps that
have been taken to ensure de jure and de facto
equality for women and the future
steps required in that regard. It also requests the Government to continue to
disseminate widely,
in particular to women’s and human rights
organizations, the Convention and its Optional Protocol, the Committee’s
general
recommendations, the Beijing Declaration and Platform for Action, and
the results of the twenty-third special session of the General
Assembly,
entitled “Women 2000: gender equality, development and peace in the
twenty-first century”.

Czech Republic

70. The Committee considered the second periodic report of the Czech Republic
(CEDAW/C/CZE/2) at its 573rd and 574th meetings, on
8 August 2002 (see
CEDAW/C/SR.573 and 574).

(a) Introduction by the State party

71. In introducing the second periodic report, the representative of the
Czech Republic stated that his country was in a period of
economic and social
transformation, but that significant progress had been made during the last four
years in areas covered by the
Convention. Emphasis had been placed on the
creation and enhancement of legal and institutional frameworks for the
application of
human rights and the achievement of equality between women and
men.

72. The Ministry of Labour and Social Affairs had been made responsible for
the coordination of government policy relating to women
and had developed a
National Action Plan for the Advancement of Equality between Men and Women in
1998. The Plan was based on the
concluding comments adopted by the Committee on
the Elimination of Discrimination against Women on the previous report submitted
to it by the Czech Republic. The Plan formed the basis for government priorities
and procedures in achieving equality between men
and women and was reviewed and
updated annually. All ministries were required to develop, by the end of 2001,
similar departmental
priorities and procedures and to set up gender focal
points. In March 2002, the Government adopted a National Plan for Employment,
which included policy measures on equal opportunity in employment.

73. In relation to the protection of women’s human rights, the
Government had, in 1998, established an advisory Human Rights
Council, with a
working committee on the elimination of all forms of discrimination against
women with membership drawn from both
government officials and non-governmental
organizations (NGOs). In 2000, the Office of the Public Human Rights Protector
had been
established, and in 2001 an advisory Government Council for Equal
Opportunities for Women and Men had been created. The aim of the
Council was the
enhancement of institutional support for gender mainstreaming and gender
equality. In 2002 and 2003, the Ministry
of Labour and Social Affairs would be
undertaking a project to evaluate and remodel existing institutional mechanisms
for the advancement
of gender equality.

74. The representative indicated that the general elections of June 2002
provided an opportunity for the advancement of women’s
representation in
political life, with women gaining 17 per cent of parliamentary seats —
four more seats than in the preceding
period — and two ministerial
positions. While women headed a number of other national institutions, such as
the Supreme Court,
the National Prosecutor’s Office, the National
Statistics Bureau, the National Nuclear Safety Bureau and the National Academy
of Science, there was still insufficient representation of women at
decision-making levels.

75. A number of improvements had been made in the national legal system with
regard to women’s rights. In May 2001, the Optional
Protocol to the
Convention had entered into force for the Czech Republic. The principle of
gender equality had been introduced into
the legal system through the revision
of acts including the Employment Act, the Labour Code and the Wages and Salaries
Acts. The
position of plaintiffs in court proceedings relating to gender-based
discrimination had been improved with the revision of the Civil
Court
Proceedings Act, which shifted the burden of proof from plaintiff to defendant.
In response to the Committee’s concern
that Czech legislation did not
include a definition of discrimination, identified in its concluding comments on
the previous report,
a general act on protection against discrimination had been
drafted and would be submitted to the Government by the end of 2002.

76. The representative stated that one of the main challenges to fulfilling
the obligations under the Convention was the low level
of public awareness on
gender equality issues and indicated that the Government recognized that
education and awareness campaigns
should be the first step in implementing
gender-based policies and affirmative action. In April 2001, the Government had
agreed to
incorporate, where appropriate, positive (affirmative) measures in
relevant draft legislation.

77. With regard to violence against women, the suppression of trafficking in
women was of great importance to the Government since
the Czech Republic had
become a country of origin, transit and, more recently, of destination of
victims. The efforts of women’s
NGOs and a public awareness campaign
launched in 2001 highlighted the issue of domestic violence. In April 2001, an
inter-ministerial
working group had been set up to create interdisciplinary
teams allowing for health care, social, legal and police cooperation in
detecting and prosecuting cases of violence against women. The Government was
preparing a new Penal Code in which domestic violence
would be specifically
addressed.

78. The representative noted that, while the Czech Republic had a high rate
of employment among women, the stereotyped view of gender
roles which persisted
in society resulted in a double burden being placed on women in terms of their
working and family lives. Particular
importance was therefore being given to
promoting legislative measures and changes in public opinion towards more active
involvement
of men in family life. To that end, the Government planned to
support various measures focused on reconciliation of family and employment
responsibilities which would assist in the promotion of equality of women and
men in employment, politics and society.

79. In concluding, the representative emphasized the key role of
international cooperation in formulating and advancing national policy
in the
area of gender equality and acknowledged the assistance the Czech Republic
derived from such cooperation in identifying and
formulating its policies in
that area.

(b) Concluding comments of the Committee

80. The Committee expresses appreciation to the State party for submitting
its second periodic report, which follows the Committee’s
guidelines for
the preparation of periodic reports. It commends the State party for the written
replies to the issues raised by the
pre-session working group and its oral
presentation, which provided additional information on the current situation of
the implementation
of the Convention in the Czech Republic.

81. The Committee commends the State party on its delegation, which was
headed by the Deputy Minister of Labour and Social Affairs
and included
officials from various branches of the Government.

Positive aspects

82. The Committee commends the efforts by the State party to implement the
Convention. It welcomes the range of legislative reforms,
policies, plans and
assessment analyses, including the revisions to the Employment Act, the Labour
Code, the Civil Procedure Code
and the Criminal Procedure Code, and the
Priorities and Proceedings of the Government in the Enforcement of the Equality
between
Men and Women, to eliminate discrimination against women. It welcomes
the efforts at strengthening gender mainstreaming, and those
undertaken to
elaborate a draft general act on the protection against discrimination,
including the introduction of temporary special
measures in accordance with
article 4, paragraph 1, of the Convention, which are also to be considered in
all other draft legal regulations,
where appropriate.

83. The Committee welcomes the progressive development of the national
machinery for the advancement of women and gender equality.
It welcomes the
establishment of mechanisms, including the Government Human Rights Council and
the Office of the Public Human Rights
Protector, for monitoring the promotion
and protection of human rights, including the human rights of women.

84. The Committee commends the State party’s collaboration with and
recognition of the important role of non-governmental organizations
working on
women’s issues.

85. The Committee notes with satisfaction the high level of women’s
educational achievement and the reduction in maternal and
infant mortality
rates.

86. The Committee commends the State party for having ratified the Optional
Protocol to the Convention.

Principal areas of concern and recommendations

87. The Committee is concerned that women have seldom used laws to challenge
acts of discrimination and that there is a lack of court
decisions in which
women have obtained redress for such acts. The Committee is also concerned that
there is still a lack of familiarity
with both the Convention itself and the
opportunities for its application and enforcement, as well as with legislative
reforms aimed
at eliminating discrimination against women, including among the
judiciary, law enforcement personnel and women themselves.

88. The Committee urges the State party to ensure that Czech law provides
adequate and accessible enforcement procedures and legal remedies
for violations
of women’s rights. The Committee recommends the strengthening of education
and training programmes in particular
for judges, lawyers and law enforcement
personnel on the Convention and on the legislative reforms aimed at eliminating
discrimination
against women. It urges the State party to ensure that Czech law
provides adequate enforcement procedures and legal remedies for
violation of
women’s rights. It recommends that awareness-raising campaigns targeted at
women be undertaken so that women can
avail themselves of procedures and
remedies for violations of the rights under the Convention. The Committee
invites the State party
to provide, in its next report, information about
complaints filed in courts based on the Convention, as well as any court
decisions
that refer to the Convention. It encourages the State party to further
reflect, within the framework of the intended legislation
on discrimination, on
the establishment of quasi-judicial mechanisms.

89. While recognizing the efforts of the State party to strengthen the
national machinery for the advancement of women, the Committee
remains concerned
that the existing national machinery does not have sufficient power, visibility
or financial and human resources
to effectively promote the advancement of women
and gender equality.

90. The Committee recommends that the State party strengthen the existing
national machinery in order to make it more effective by providing
it with
adequate power, visibility and human and financial resources at all levels and
enhancing coordination among the existing
mechanisms for the advancement of
women and the promotion of gender equality. It also recommends the strengthening
of the State party’s
gender mainstreaming efforts, and encourages, within
the framework of the State party’s efforts at decentralization, the
establishment
of regional and local equal opportunities machinery.

91. While recognizing that the number of women in the Chamber of Deputies has
increased and that there are currently two women ministers
in the Government,
the Committee is concerned about the low representation of women in high-level
elected and appointed bodies, including
Parliament, and as high-ranking
officials within the executive bodies, the judiciary, the civil and diplomatic
services and international
organizations.

92. The Committee urges the State party to take measures, including
improvements in the election law, to increase the representation of
women in
elected and appointed bodies through, inter alia, the implementation of
temporary special measures, in accordance with article
4, paragraph 1, of the
Convention, in order to realize women’s right to participation in all
areas of public life and, particularly,
at high levels of decision-making. The
Committee recommends that the State party increase its efforts in offering or
supporting training
programmes for current and future women leaders and carry
out awareness-raising campaigns regarding the importance of women’s
participation in political decision-making. The Committee also recommends that,
parallel to efforts at the local level, efforts at
promoting gender balance in
the public sector at the national level be introduced.

93. While recognizing current legal and other efforts by the State party to
address violence against women, the Committee is concerned
about the persisting
prevalence of violence against women and girls, including domestic violence. It
is particularly concerned that
domestic violence deprives women of their
personal security and their access to safe accommodation.

94. In the light of its general recommendation 19, the Committee urges the
State party to place high priority on the introduction of comprehensive
and
holistic measures to address violence against women in the family and in
society. The Committee calls upon the State party to
ensure that such violence
is prosecuted and punished with the required seriousness and speed, and that
women victims of violence
have immediate means of redress and protection,
including protection orders. The Committee requests the State party to enact
legislation
on domestic violence. It recommends that measures be taken to
provide shelters for women victims of violence in sufficient numbers
and to
ensure that public officials, especially law enforcement officials, the
judiciary, health-care providers and social workers,
are fully sensitized to all
forms of violence against women. The Committee invites the State party to
undertake awareness-raising
measures through the media and public education
programmes, including a campaign of zero tolerance, to make such violence
socially
and morally unacceptable.

95. The Committee is concerned that the current attitudes towards incest, as
expressed, inter alia, in the light penalties for this
crime, as well as the
penalties for rape, give an impression to the community that these infringements
of human rights are not serious
crimes. The Committee is concerned that the
definition of the crime of rape is based on the use of force, rather than lack
of consent
and that rape within marriage is not currently considered a specific
crime.

96. The Committee urges the State party to review and strengthen the
penalties for the crimes of incest and rape in order to emphasize
that these
crimes are serious violations of women’s human rights. The Committee urges
the State party to define the crime of
rape as sexual intercourse without
consent and to explicitly address the crime of rape within marriage.

97. Recognizing the efforts made by the State party to address the issue of
trafficking in women and girls, the Committee remains
concerned about the
prevalence of this problem. The Committee is concerned about reports that the
Czech Republic has become a country
of origin, transit and destination of
trafficked women and girls. It notes with concern that there is still not enough
information
on the subject.

98. The Committee urges the State party to continue its efforts to combat
trafficking in women and girls and requests the State party
to include in its
next report comprehensive information and data on the issue and on progress made
in this area. It recommends the
formulation of a comprehensive strategy to
combat trafficking in women and girls, including within the territory of the
State party,
which should include the prosecution and punishment of offenders
and increased international regional and bilateral cooperation with
other
countries of origin, transit and destination of trafficked women and girls. It
recommends the introduction of measures aimed
at improving the economic
situation of women so as to eliminate their vulnerability to traffickers,
education initiatives for vulnerable
groups, including teenage girls, and social
support, rehabilitation and reintegration measures for women and girls who have
been
victims of trafficking. It calls on the Government to ensure that
trafficked women and girls have the support they need so that they
can provide
testimony against their traffickers. It urges that training of border police and
law enforcement officials provide them
with the requisite skills to recognize
victims of trafficking and to provide them with support.

99. While welcoming the high labour force participation rate of women and the
legislative reforms in the area of employment, including
the amendments to the
Employment Act, the Labour Code, the Act on Wages and the Act on Salaries, the
Committee expresses concern
about the situation of women in the labour market,
including women’s high unemployment rate as compared with that of men and
the strong vertical and horizontal segregation and wage differentials between
women and men. The Committee is concerned at the lack
of enforcement mechanisms
and thus at the lack of de facto enforcement of the equal opportunity standards
which have been introduced
by law.

100. The Committee urges the State party to ensure de facto equal
opportunities for women and men in the labour market through, inter alia,
use of
temporary special measures in accordance with article 4, paragraph 1, of the
Convention. The Committee recommends that efforts
be made to eliminate
occupational segregation, horizontal and vertical, through, inter alia,
education, training and retraining and
enforcement mechanisms. It also
recommends wage increases in female-dominated sectors of public employment to
close the wage gap
between these and male-dominated sectors. The Committee
recommends that measures allowing for the reconciliation between family and
professional responsibilities be strengthened and that the equal sharing of
domestic and family tasks between women and men be promoted.
The Committee
requests the State party to provide information in its next report on the
implementation of the legislative reforms
in the area of employment and the
impact of such reforms, including an analysis of the efforts of the relevant
monitoring bodies.

101. The Committee is concerned about the status of women’s health,
especially their reproductive health. While recognizing
the 60 per cent decrease
in abortion since 1994 and the progressive increase in the use of intrauterine
and hormonal contraceptives,
the Committee is concerned that the current
abortion rate may suggest that abortion is still being used as a means of birth
control.
It is also concerned that voluntary sterilization for women is
permitted solely for health reasons. The Committee is concerned about
the rate
of consumption among women of prescribed sedative and barbiturate drugs.

102. The Committee draws attention to its general recommendation No. 24 on
women and health and recommends the collection of data disaggregated
by sex as
well as comprehensive research into the specific health needs of women,
including their reproductive health, the full implementation
of a life-cycle
approach to women’s health, the financial and organizational strengthening
of family planning programmes, the
provision of wide access to safe and
affordable contraceptives for all women and men, and the lifting of the
restrictions on voluntary
sterilization. The Committee urges the State party to
reinforce programmes of sexual and reproductive education for both girls and
boys. The Committee calls on the State party to encourage responsible sexual
behaviour and further discourage abortion as a means
of birth control. The
Committee requests more information on the prevalence of, and measures taken
against, abuse of sedative and
barbiturate drugs among women and on the mental
health situation of women.

103. The Committee is concerned about the persistence of traditional
stereotypes regarding the role and tasks of women and men in
the family and in
society at large.

104. The Committee urges the State party to design and implement
comprehensive programmes in the educational system and to encourage the
mass
media to promote cultural changes with regard to the roles and responsibilities
attributed to women and men, as required by
article 5 of the Convention. It
recommends that policies be developed and programmes implemented to ensure the
eradication of traditional
sex role stereotypes in the family, in employment, in
politics and in society.

105. The Committee expresses concern about the lack of information in the
report on Roma women.

106. The Committee requests the State party to provide, in its next
report, information on the situation of Roma women as compared with
non-Roma
women and Roma men, especially as regards their health, educational and
employment status.

107. The Committee expresses concern about the lack of information in the
report on older women.

108. The Committee requests the State party to provide, in its next
report, information on the situation of older women as compared with
older men,
especially as regards their health, educational and employment status, including
social security benefits.

109. The Committee urges the State party to accept the amendment to
article 20, paragraph 1, of the Convention, concerning the meeting
time of the
Committee.

110. Taking account of the gender dimension of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance and the Second World Assembly on Ageing), the Committee
requests the State party to include information on
the implementation of aspects
of these documents relating to relevant articles of the Convention in its next
periodic report.

111. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report to be
submitted under article 18 of the Convention. It also requests that the report
address the general recommendations of
the Committee and provide information on
the impact of legislation, policies and programmes to implement the
Convention.

112. The Committee requests the wide dissemination in the Czech Republic
of the present concluding comments in order to make the people
of the Czech
Republic, in particular government administrators and politicians, aware of the
steps that have been taken to ensure
the de jure and de facto equality of women
and the further steps required in this regard. It also requests the State party
to continue
to disseminate widely, in particular to women’s and human
rights organizations, the Convention, its Optional Protocol, the
Committee’s general recommendations and the Beijing Declaration and
Platform for Action, as well as the results of the twenty-third
special session
of the General Assembly, entitled “Women 2000: gender equality,
development and peace for the twenty-first
century”.

2. Third periodic report

Uganda

113. The Committee considered the third periodic report of Uganda
(CEDAW/C/UGA/3) at its 575th and 576th meetings on 9 August 2002
(see
CEDAW/C/SR.575 and 576).

(a) Introduction by the State party

114. In introducing the third report, the Minister for Gender, Labour and
Social Development indicated that her country had made significant
progress in
the 17 years since its ratification of the Convention in 1985, and that great
strides had been taken towards the implementation
of the provisions of the
Convention despite some obstacles.

115. Since the last presentation, in February 1995, several measures had been
taken to strengthen the legal and policy framework for
implementation. The
Government had adopted the National Gender Policy and formulated a National
Action Plan on Women, which provided
guidance on strategies and interventions
for the empowerment of women. Measures had been taken to strengthen the legal
framework,
and proposed laws on domestic relations, sexual offences and
employment were currently under consideration.

116. Through the affirmative action policy, the number of women in
decision-making positions had risen from 17 per cent in 1994 to
39 per cent in
2002. Women now held key posts, including those of the Vice-President, Deputy
Chief Justice, Deputy Speaker of Parliament
and Deputy Inspector-General of
Police. The representative also noted that civil society organizations had
supported the Government’s
affirmative action policy of strengthening
women’s political participation through capacity-building programmes,
including
training in leadership skills.

117. Among the most important advances was the adoption of a new Constitution
considered globally as one of the most gender-sensitive. The new Constitution,
inter alia, emphasized respect for human rights and freedoms, affirmed the
equality of all persons and obliged the State to institute
affirmative action
measures in favour of disadvantaged groups for purposes of redressing structural
and social inequality.

118. As part of the Government’s commitment to social and economic
development, a Poverty Eradication Action Plan containing
mechanisms for
eradicating absolute poverty by 2017, had been developed to ensure sustainable
livelihoods for all Ugandans, including
women. Gender mainstreaming was a
guiding principle of the plan.

119. The Government had responded to the Committee’s call for the
eradication of gender-based abuse and violence. Violations
against women and
children were now dealt with under the Penal Code Act. Family protection units
had been established at police posts,
and sensitization and awareness-raising
measures had been introduced.

120. Through a multisectoral approach to the HIV/AIDS pandemic, prevalence
rates had fallen to an average of 6.1 per cent in 2002
from 22 per cent 10 years
before. Special attention had been given to awareness-raising, voluntary testing
and counselling, and the
prevention of mother-to-child transmission.

121. In compliance with commitments in the Beijing Platform for Action, a
national machinery now oversaw gender mainstreaming and
advancement of women
initiatives, thereby facilitating the promotion of the status of women within
the policy and institutional framework.
The representative indicated that,
although the national machinery had undergone structural and institutional
changes, the goal of
achieving women’s advancement and gender equality had
been retained.

122. The Government had formulated a Universal Primary Education Programme to
provide free education for all children in primary school,
which had enabled 6.9
million children, 3.37 million of whom were female, to enrol in school by 2001.
The strategy emphasized the
provision of adequate facilities to meet the needs
of the girl child and children with disabilities.

123. Despite achievements made in the past few years to promote gender
equality and the advancement of women, obstacles still existed.
Challenges faced
by the Government included, inter alia, poverty, lack of sex-disaggregated data,
gender-specific information for
informed policy and programme formulation, and
the persistence of traditional attitudes and practices. Despite these
challenges,
the Government remained committed to meeting its international
obligations, including the implementation of all of the provisions
of the
Convention.

(b) Concluding comments of the Committee

Introduction

124. The Committee commends the State party for its third periodic report,
which was prepared in accordance with the Committee’s
guidelines for the
preparation of periodic reports. It also commends the State party for the
comprehensive written replies to the
questions of the Committee’s
pre-session working group. The Committee commends the State party for its
high-level delegation
headed by the Minister for Gender, Labour and Social
Development of Uganda and expresses appreciation for the oral presentation,
which provided additional information on the implementation of the Convention
and the current situation of women in Uganda.

Positive aspects

125. The Committee commends the State party for the promulgation in 1995 of a
new Constitution, which incorporates a gender-sensitive approach to the
definition of discrimination on the grounds of sex, in harmony with the
Convention.

126. The Committee commends the State party for the measures taken to address
the HIV/AIDS pandemic and notes with satisfaction the
decrease in HIV/AIDS
prevalence rates from 22 per cent in 1992 to an average of 6.1 per cent in
2002.

127. The Committee welcomes the adoption of the 1997 National Gender Policy
and the formulation of the National Action Plan on Women
in 1999, which provide
guidelines for the development of strategies and interventions for the
empowerment of women. It also welcomes
the adoption of the affirmative action
policy, resulting in an increase in women’s representation in
decision-making positions
from 16.9 per cent in 1994 to 39 per cent in 2002. The
Committee welcomes the fact that women occupy a number of key high-level
positions.

128. The Committee commends the State party for formulating and implementing
the Universal Primary Education Programme, which facilitated
the enrolment of
3.3 million girls in school by 2001. It also welcomes the application of
temporary special measures in accordance
with article 4, paragraph 1, of the
Convention to increase the population of women students in tertiary education
and the Functional
Adult Literary Programme, which has particularly benefited
women.

Principal areas of concern and recommendations

129. The Committee is concerned that, despite the adoption of its
gender-sensitive Constitution in 1995, legislative provisions that discriminate
against women continue to exist. It is also concerned that, although progress
has
been made towards the preparation of legislation to eliminate
discrimination, much of this has not been enacted. It is particularly
concerned
at the slow progress in removing de jure discrimination and preventing and
eliminating de facto discrimination against
women.

130. The Committee recommends that the State party accelerate its law
reform process to harmonize its domestic legislation with its constitutional
principles relating to non-discrimination and equality between women and men. It
recommends the speedy enactment of the draft Land
Act, the Domestic Relations
Bill and the Sexual Offences Bill. The Committee further recommends that the
State party introduce public
education and legal literacy campaigns relating to
the Convention and the Constitution to raise awareness of the State
party’s international and national commitments on the elimination of
discrimination against
women.

131. The Committee is concerned that, although laws and customs which
contravene the constitutional guarantees on equality are considered
to be void,
mechanisms to enforce the constitutional provisions on non-discrimination are
not widely known and are inaccessible to
women.

132. The Committee recommends the adoption of an accessible complaints
procedure to enforce constitutional guarantees. It also calls for
the
introduction of legal literacy campaigns to make women aware of their rights
under the Constitution and the means to enforce them. The Committee recommends
the development, in cooperation with women’s groups, of legal aid
programmes
to enable women to demand enforcement of their rights.

133. Noting the State party’s efforts in this context, the Committee is
concerned at the persistence of patriarchal patterns
of behaviour in the State
party and at the existence of stereotypes relating to the role of women in the
home and society, and expectations
of women’s subordination to men.

134. The Committee calls upon the State party to strengthen existing
efforts to address stereotypical attitudes about the roles and responsibilities
of women and men that perpetuate direct and indirect discrimination against
women. These should include educational measures, at
all levels, beginning at an
early age, the revision of school text books and curricula and awareness-raising
and public education
campaigns directed at women and men designed with the
involvement of the media and civil society, including non-governmental
organizations,
to address traditional stereotypes regarding the role of women.
The Committee also calls upon the State party to undertake an assessment
of the
impact of these measures in order to identify shortcomings, and improve these
measures accordingly.

135. The Committee expresses concern about the high incidence of violence
against women, such as domestic violence, rape, including
marital rape, incest,
sexual harassment in the workplace and other forms of sexual abuse of women. The
Committee is also concerned
at the lack of legal and other measures to address
violence against women. The Committee is also concerned that, despite successes
achieved in reducing female genital mutilation in some districts in 1996, this
practice continues to exist.

136. The Committee urges the State party to place high priority on
comprehensive measures to address violence against women and girls in
accordance
with its general recommendation 19 on violence against women. The Committee
calls on the State party to enact legislation
on domestic violence, including
marital rape, as soon as possible in order to ensure that violence against women
and girls constitutes
a criminal offence, that women and girls who are victims
of violence have access to immediate means of redress and protection and
that
perpetrators are prosecuted and punished. The Committee also recommends
gender-sensitive training for all public officials,
in particular law
enforcement personnel, the judiciary and health workers. The Committee
recommends the establishment of counselling
services for victims of violence;
the implementation of public awareness campaigns, through the media and public
education programmes,
and the adoption of a zero tolerance policy on all forms
of violence against women. The Committee also recommends that the State
party
enhance its efforts to address female genital mutilation in order to eradicate
this harmful traditional practice.

137. While noting the increasing number of women in decision-making positions
as a result, inter alia, of temporary special measures
in accordance with
article 4, paragraph 1, of the Convention, the Committee expresses concern that
this number remains low. It is
also concerned that the persistence of
patriarchal attitudes that view men as natural leaders may preclude women from
seeking positions
of leadership.

138. The Committee urges the State party to intensify its efforts to
encourage women to take up leadership positions through further temporary
special measures in accordance with article 4, paragraph 1, of the Convention.
The Committee recommends that the State party offer
or support programmes for
current and future women leaders and undertake awareness-raising campaigns on
the importance of women’s
participation in decision-making.

139. The Committee is concerned at the low number of women in the diplomatic
service, particularly in postings outside Uganda, and
the fact that few Ugandan
women work in international organizations.

140. The Committee recommends that the State party take measures,
including in accordance with article 4, paragraph 1, of the Convention,
to
encourage women to enter the diplomatic service. It also recommends the
introduction of measures to encourage women to seek employment
in international
organizations.

141. While welcoming the constitutional provisions and the amended Uganda
Immigration and Control Act, 1999 that provide for equal
citizenship and
nationality rights for women and men, the Committee expresses concern that the
Passport Regulations contravene these provisions and discriminate against women.
It is concerned that a married woman will not be issued a passport without
her
husband’s written consent, and that the father as legal guardian must
consent to the inclusion of a women’s minor
children in her passport.

142. The Committee urges the State Party to take urgent steps to reconcile
its Passport Regulations with the provisions of the Constitution and article 9
of the Convention in order to eliminate all provisions that discriminate against
women in the area of nationality and
citizenship. It requests the State party to
report on the implementation of these measures in its next periodic
report.

143. The Committee expresses concern at the limited information provided by
the State party on employment of women and notes the lack
of statistical data
disaggregated by sex. It expresses concern at the high rate of unemployment
among women, disparities between
the wages of men and women, even in the public
sector, disparities in social security and the lack of legal protection for
women
against sexual harassment at the workplace. It also expresses concern that
the draft national employment policy, which promotes equal
employment
opportunities for men and women, has still not been adopted. It is also
concerned that legislation required by article
40 of the Constitution to provide
the right to work under satisfactory and safe and healthy conditions, equal pay
for equal work, paid leave and maternity
protection have still to be
enacted.

144. The Committee encourages the State party to provide in its next
periodic report information, including, as far as possible, data disaggregated
by sex, on women’s participation in the labour market and employment
conditions, including wages in, inter alia, the private
and informal sectors. It
urges the State party to enact legislation to protect the rights of persons in
employment which complies
with the provisions of article 11 of the Convention.
The Committee also urges the State party to adopt the draft national employment
policy. It further urges the State party to introduce temporary special measures
in accordance with article 4, paragraph 1, of the
Convention to create
employment opportunities for women. The Committee recommends that the State
party introduce specific legislation,
with accessible procedures and
compensation for victims, and penalties for perpetrators, to address sexual
harassment in the workplace.

145. The Committee is concerned that exploitation of women and girls in
prostitution is increasing. The Committee is also concerned
that the prevalence
of HIV/AIDS and other sexually transmitted diseases among prostitutes is
increasing.

146. The Committee recommends the development of programmes of action
relating to prostitution and the introduction of legislation to ensure
the
prosecution of, and stronger penalties for, exploitation of female prostitutes.
The Committee invites the State party to expand
its programmes for women’s
economic empowerment. The Committee urges the State party to pay full attention
to the provisions
of health services for prostitutes, so as to curb the rise in
HIV/AIDS.

147. The Committee is concerned about the high rate of teenage pregnancy and
its consequences for girls’ enjoyment of the rights
in the Convention,
particularly in the spheres of education and health. It is also concerned at the
high rate of maternal mortality
among teenage girls, particularly in the rural
areas, frequently as a result of clandestine abortion.

148. The Committee recommends that the State party design and implement
national health, including reproductive health, programmes to prevent
early
pregnancies and induced abortions in rural and urban areas. The Committee also
urges the State party to reinforce programmes
of sexual and reproductive health
education for both girls and boys. It also calls on the State party to provide
safe and affordable
contraceptives.

149. Despite the State party’s development strategy, the Poverty
Eradication Action Plan, for improving the livelihoods of all
Ugandans,
including women, the Committee is concerned that poverty is widespread among
women, inter alia, as a consequence of gender-insensitive
privatization and the
implementation of structural adjustment policies.

150. The Committee urges the State Party to continue to intensify the
implementation of gender-sensitive poverty reduction programmes in
rural and
urban areas. The Committee also recommends that the State party continue to
develop targeted policies and support services
for women aimed at alleviating
and reducing poverty.

151. The Committee expresses concern at the situation of rural women, who
constitute the majority of the female population in the
country. The Committee
also expresses concern that customs and traditional practices, prevalent in
rural areas, prevent women from
inheriting or acquiring ownership of land and
other property.

152. The Committee urges the State party to pay increased attention to the
needs of rural women so as to ensure that they benefit from
policies and
programmes adopted in all spheres, as well as participate in decision-making,
have full access to education and health
services and credit facilities. The
Committee also urges the State party to eliminate all forms of discrimination
with respect to
the ownership, co-sharing and inheritance of land. It also urges
the introduction of measures to address negative customs and traditional
practices, especially in rural areas, which affect full enjoyment of the right
to property by women.

153. While noting that Article 33 (6) of the Constitution “prohibits
laws, customs or traditions which are against the dignity, welfare or interest
of women”, the Committee notes
with concern the continued existence of
legislation, customary laws and practices on inheritance, land ownership, widow
inheritance,
polygamy, forced marriage, bride price, guardianship of children
and the definition of adultery that discriminate against women and
conflict with
the Constitution and the Convention.

154. The Committee urges the State party, in line with Article 33 (6) of
the 1995 Constitution, to amend these laws and prohibit such practices. The
Committee requests the State party to work with the relevant ministries and
non-governmental organizations, including lawyers’ associations and
women’s groups, to create an enabling environment
for legal reform and
effective law enforcement and legal literacy.

155. While noting the positive involvement of women in peace-building
initiatives, the Committee notes with concern that some areas
of northern and
western Uganda continue to experience insecurity as a result of civil strife.
The Committee is particularly concerned
that many women and girls in the
conflict areas have been victims of violence, including abduction and sexual
slavery.

156. The Committee urges the State party to include women in national
reconciliation and peace-building initiatives. The Committee recommends
that the
State party include women from all ethnic groups affected by armed conflict in
peace negotiations. It also recommends that
the State party include in peace
negotiations measures of accountability, redress and rehabilitation for women
and girls who have
been victims of violence, including enslavement, in those
conflicts.

157. While recognizing the progress that has been made in the implementation
of the Convention in the State party, the Committee is
concerned that, without
comprehensive, systematic strategies and support mechanisms, the programme for
implementation may not be
sustainable in the long term.

158. The Committee recommends that the State party introduce a
comprehensive programme of gender mainstreaming in all government ministries
and
a comprehensive awareness campaign, including for civil servants with regard to
the Convention.

159. The Committee urges the State party to sign and ratify the Optional
Protocol to the Convention and to deposit as soon as possible
its instrument of
acceptance of the amendment to article 20, paragraph 1, of the Convention on the
meeting time of the Committee.

160. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report under
article 18 of the Convention.

161. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special session (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance and the Second World Assembly on Ageing), the Committee
requests the State party to include information on
the implementation of aspects
of these documents relating to relevant articles of the Convention in its next
periodic report.

162. The Committee requests the wide dissemination in Uganda of the
present concluding comments in order to make the people of Uganda,
and in
particular government administrators and politicians, aware of the steps that
have been taken with regard to de jure and de
facto equality for women and the
future steps that are required in that regard. It also requests the State party
to continue to disseminate
widely, and in particular to women’s and human
rights organizations, the Convention and its Optional Protocol, the general
recommendations of the Committee, the Beijing Declaration and Platform for
Action and the results of the twenty-third special session
of the General
Assembly, entitled “Women 2002: gender, equality, development and peace
for the twenty-first century”.

3. Combined third and fourth, and fifth periodic reports

Guatemala

163. The Committee considered the combined third and fourth report and the
fifth periodic reports of Guatemala (CEDAW/C/GUA/3-4 and
CEDAW/C/GUA/5) at its
577th and 578th meetings, on 12 August 2002 (see CEDAW/C/SR.577 and 578).

(a) Introduction by State party

164. In introducing the periodic reports, the representative of Guatemala
noted that although some obstacles undoubtedly persisted,
important achievements
had been made, in particular those relating to women’s reproductive
health, rural women in the context
of the strategy for poverty reduction and
rural development, and emerging political participation by women.

165. In the legal sphere, the representative said that equality between women
and men was enshrined in the Constitution, as was the predominance of
international treaties and conventions over domestic law; in that connection,
she noted the ratification
of the Optional Protocol to the Convention in 2001
and the adoption of the following laws: Act on the Prevention, Punishment and
Eradication of Domestic Violence, Act on Dignity and Integral Promotion of
Women, Policy relating to the Advancement and Development
of Guatemalan Women
and Equity Plan 2001-2006, Act and Policy on Social Development and Population,
Act on Urban and Rural Development
Councils and Municipal Code.

166. Although women’s oppression had been given greater visibility in
the legal sphere, the representative of Guatemala noted
that lack of knowledge
of legislation and the weak judicial system in the country were ongoing
obstacles in this connection.In that context, she listed various
proposals for reforming the Labour, Civil and Penal Codes, which included
measures for the protection
of mothers and women subjected to sexual harassment,
the characterization of violence against women as an offence and the expansion
of the penalties set forth for traffic in persons, encouragement of and
recruitment for prostitution, discrimination, and especially,
the proposal for
reforming the Elections and Political Parties Act, which establishes a system of
quotas.

167. With regard to institutional mechanisms, the representative of Guatemala
referred to the Presidential Secretary for Women and
People’s Advocate for
Indigenous Women of the Presidential Commission on Human Rights, and to specific
monitoring bodies at
both the political and legal/administrative levels, and,
especially, the establishment of the Office of the National Coordinator
for the
Prevention of Domestic Violence, responsible for coordinating work on preventing
violence at the governmental level and in
society at large.However, she
noted that lack of trained human resources in specialized areas and weak
coordination of national mechanisms were important
difficulties that needed to
be addressed.

168. In the area of education, the representative of Guatemala indicated that
the State guaranteed equal opportunities in the granting
of scholarships and
educational aid.She also noted the adoption of the Act on the Dignity
and Advancement of Women, which incorporated the specific rights of women into
the curriculum, scholarships for women and specific measures for women who drop
their studies, and the establishment of the Subcommission
on Gender of the
Advisory Commission on Educational Reform in 2001. Other significant changes in
that area were the increase in educational
coverage for girls, the
implementation of various types of affirmative action and the proposal for
elaboration of a post-literacy
programme on reproductive health.

169. In the area of health, the representative referred to the progress
achieved in implementing various programmes, among which she
cited the Programme
on Reproductive Health, which included the Comprehensive Health Programme for
Children and Adolescents with special
attention to Indigenous Women, the
Programme on Post-Abortion and HIV/AIDS Care at the hospital level, the rules
for addressing domestic
violence in the framework of an integrated health system
and the establishment of the Responsible Fatherhood Network. She added that,
although the fertility rate was tending to drop, health care for women was still
fragmented and there was a lack of coordination
in addressing the problems of
violence against women and health.

170. The representative of Guatemala also noted that, in the labour sphere,
current legislation guaranteed equal conditions of work
for women and men,
including the extension of postpartum maternity leave, prohibition of the
dismissal of pregnant or breastfeeding
women and access to non-traditional
employment. The representative noted as significant changes the training of
women workers in
their rights and complaint mechanisms and the tripartite
inter-institutional coordination body for the promotion and defence of
women’s
labour rights, which was an important forum for dialogue between
society at large and the State.

171. With regard to rural women, the representative of Guatemala noted in
particular the Act and Policy on Social Development and
Population and the Act
on Urban and Rural Development Councils, which were an attempt to ensure
participation by women in the formulation
of development policies, access by
women to productive assets, provision of basic infrastructure services in the
poorest areas and
the implementation and promotion of the Programme on
Reproductive Health. Important changes in that area were: affirmative action
for
the education of girls in rural areas, the rising trend in access to credit and
the quantitative and qualitative progress achieved
by women in participatory
processes.

(b) Concluding comments of the Committee

172. The Committee commends the State party for its combined third and
fourth, and fifth periodic reports. It also commends the State
party for the
written replies to the questions of the Committee’s pre-session working
group. The Committee notes, however,
that the reports were not drafted in
accordance with the Committee’s guidelines for the preparation of periodic
reports.

173. The Committee congratulates the State party on the high-level
delegation, headed by the Presidential Secretary for Women and
including
officials from various branches of the Government. The Committee appreciates the
oral presentation of the delegation and
the open and informative dialogue that
took place between the delegation and the members of the Committee which sought
to clarify
the current situation of women in Guatemala and provided additional
information on the implementation of the Convention. The Committee
commends the
State party for its political will to implement the Convention in difficult
circumstances of post-conflict reconstruction
and shortage of resources.

Positive aspects

174. The Committee commends the State party for its ratification of the
Optional Protocol to the Convention on 9 May 2002 and the
acceptance of the
amendment to article 20, paragraph 1, of the Convention on the Committee’s
meeting time, on 3 June 1999.

175. The Committee welcomes the efforts made by the State party to implement
the Convention, as reflected in a range of laws, institutions,
policies and
programmes to address discrimination against women in Guatemala. The Committee
particularly notes and commends the promulgation
of the Act on the Prevention,
Punishment and Eradication of Domestic Violence and the inclusion of a
definition of discrimination
in the Act on Dignity and Integral Promotion of
Women of 1999.

176. The Committee commends the State party for involving women in the
negotiation of the peace accords and for ensuring the incorporation
of gender
issues in the various components of those accords.

177. The Committee commends the State party for the steps taken to introduce
coownership and the positive measures in granting housing
subsidies to
female-headed households.

Principal areas of concern and recommendations

178. Although noting that the existence of numerous national mechanisms at
various levels is a positive step towards institutionalizing
women’s
rights and gender mainstreaming, the Committee expresses concern at the apparent
lack of coordination among them. The
Committee also notes that the State
party’s reports were unclear about the mandate and levels of authority and
resources (both
financial and human) invested in each of those bodies.

179. The Committee recommends that the State party review and assess the
coordination among its existing institutional mechanisms for the
advancement of
women and provide them with the necessary financial and human resources for the
sustainability of the programmes initiated
and include in the next report
clearer information on this issue.

180. The Committee expresses concern that, while the State party’s
reports and its oral presentation contained extensive information
on programmes
and measures introduced for the development and advancement of women on the
basis of equal opportunity, very little
information was provided on the impact
of those programmes and measures.

181. The Committee calls upon the State party to evaluate the impact of
existing programmes and measures for the advancement of women and
to include
information on the results of such evaluations in its next report.

182. The Committee notes with concern that, while the Constitution refers to
the principle of equality, the terms “equity” and
“equality” appear to be used synonymously in
the State party’s
reports and programmes.

183. The Committee calls upon the State party to recognize that the terms
“equity” and “equality” are not synonymous
and
interchangeable and that the Convention is aimed at the elimination of
discrimination and ensuring equality of women and men.

184. The Committee expresses concern about the ambiguity of laws dealing with
prostitution, particularly child prostitution, which
prohibit but do not
establish sanctions commensurate with the gravity of the offences. It is further
concerned about the high level
of child prostitution and sexual exploitation of
minors.

185. The Committee recommends that the State party review existing
legislation relating to the criminalization of child prostitution and
sexual
exploitation of minors and take steps to implement its National Plan of Action
against Commercial Sexual Exploitation of Children
and Adolescents in
Guatemala.

186. The Committee expresses concern that, while the human rights of women
are explicitly recognized in a number of laws, there does
not appear to be wide
awareness among women of their rights under these laws or the means by which
those laws can be enforced. The
Committee notes that, despite the introduction
of protections and social security rights in the area of labour, including
domestic
workers and those working in the maquila industries, this
legislation is not complied with or enforced and that some employers in this
industry require women seeking employment
to undergo pregnancy tests. The
Committee notes that non-enforcement of such labour legislation constitutes
“discrimination
of effect” as defined in article 1 of the
Convention.

187. The Committee calls upon the State party to ensure that State
authorities implement all current legislation concerning women’s
human
rights, in particular labour legislation through proactive investigations of
alleged violations of female workers’ rights
and take measures to
strengthen the enforcement powers of labour inspection authorities. The
Committee further urges the State party
to take appropriate measures, including
the promotion of stronger private sector codes of conduct, to ensure compliance
with existing
legislation, in particular with regard to the rights of women
enshrined in the Convention, which forms part of Guatemalan law. The
Committee
also calls upon the State party to take steps to raise awareness among women of
their legal rights and the means by which
those rights can be enforced.

188. While the Committee welcomes the development by the National Office for
Women’s Affairs of a methodology for eliminating
sexual stereotypes in
teaching materials and school textbooks, and the creation of a multisectoral
commission for the application
of the methodology, it expresses concern at the
persistence of stereotypes concerning the role of women in the family and
society.
It notes that those stereotypes are particularly strong within the
indigenous population. The Committee is also concerned that, notwithstanding
the
various efforts being made to achieve equality between women and men through
legislative reform, the execution of gender-sensitive
programmes, the training
of officials and the creation of national machineries, the persistence of such
stereotypes will impede the
advancement of women in Guatemala, in particular
among indigenous women, and the enjoyment of their human rights.

189. The Committee urges the State party to make the raising of awareness
among the general public of the rights of women a priority in
its strategy for
the advancement of women by building upon existing media campaigns and
introducing new awareness-raising and education
campaigns on various
women’s human rights issues. Such campaigns must target men as well as
women at all levels of society
in particular among the indigenous
population.

190. Although recognizing the introduction of temporary special measures for
the advancement of women in the area of education, the
Committee notes the
reduced participation of women in political activities, in particular the
minimum participation in the Congress
and at decision-making levels in both the
public and the private sectors.

191. The Committee recommends that the State party strengthen current
measures and adopt and implement further measures in accordance with
article 4.1
of the Convention to promote women’s participation in public and political
life in Guatemala, in particular by
promoting the adoption of the proposed quota
system for women candidates in the next five federal elections, offering or
supporting
training programmes for current and future women leaders and
undertaking awareness-raising campaigns on the importance of women’s
participation in decision-making aimed at decision makers in both the public and
private sectors.

192. The Committee expresses concern about the high rate of infant and
maternal mortality in Guatemala.

193. The Committee recommends that the State party make every effort to
increase access to health-care facilities and medical assistance
by trained
personnel, particularly in rural areas and especially in the areas of pre- and
post-natal care.

194. The Committee also expresses concern about the limited autonomy that
women have over decisions on the number and spacing of their
children, and the
limited sex education and knowledge of family planning. The Committee is also
concerned about prevalent social
attitudes that measure a man’s
masculinity by the number of children he fathers.

195. The Committee calls upon the State party to improve its family
planning and reproductive health policy and programmes by, inter alia,
making
affordable contraceptive means widely available and accessible to both women and
men, in particular in the rural areas. It
encourages the State party to redouble
its efforts to eliminate the view that the sole role of women is reproduction,
as stated in
its combined third and fourth periodic report.

196. The Committee expresses concern about the disparity between the legal
age of marriage for girls and boys, which is discriminatory.
The Committee is
further concerned that the minimum age at which a girl can legally contract
matrimony — 14 years — is
too low and can impact negatively on their
health and impede their education.

197. The Committee urges the State party to take steps to remove the
disparity in the legal age of marriage of women and men and take measures
to
raise the minimum age of marriage for girls, in line with article 1 of the
Convention on the Rights of the Child, which defines
a child as being below the
age of 18, and the provision on child marriage in article 16, paragraph 2, of
the Convention on the Elimination
of All Forms of Discrimination against Women.
The Committee urges the State party to develop awareness campaigns on the
negative
implications of early marriage on the health and education of
girls.

198. The Committee notes with concern the persistence of illiteracy among
certain groups of women in Guatemala, particularly among
the indigenous
population.

199. The Committee calls on the State party to enhance its efforts to
combat illiteracy, especially in the rural areas and among indigenous
people,
and to develop more programmes to address illiteracy among adult women.

200. The Committee expresses concern about the lack of information provided
in the State party’s reports and oral presentation
about the number and
the levels of women in the academic field and the distribution among different
disciplines.

201. The Committee calls upon the State party to include information on
these issues in its next periodic report.

202. The Committee notes with concern the high incidence of child labour in
Guatemala, in particular among girls, and its implications
for their personal
development and enjoyment of the right to education and health care.

203. The Committee urges the State party to take steps to ensure that all
children, especially girls, have access to basic education, health
care and the
protection of minimum labour standards elaborated by the International Labour
Organization.

204. The Committee notes with concern that the Guatemalan health care system
has no mental health programme specifically for women.
It is also concerned
about the lack of information on the incidence and possible impact of drug and
substance abuse on women and
gender relations in Guatemala.

205. The Committee recommends that the State party take steps to introduce
a mental health care programme for women, particularly in view
of the specific
traumas suffered by women in conflict situations, such as that which took place
in Guatemala for more than 30 years.
The Committee also calls upon the State
party to include in their next report information on the incidence and possible
effects of
drug and substance abuse among women in Guatemala.

206. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance and the Second World Assembly on Ageing), the Committee
requests the State party to include information on
the implementation of aspects
of these documents relating to relevant articles of the Convention in its next
periodic report.

207. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report under
article 18 of the Convention.

208. The Committee requests the wide dissemination in Guatemala of the
present concluding comments in order to make the people of Guatemala,
and
particularly government administrators and politicians, aware of the steps that
have been taken to ensure de jure and de facto
equality for women and the future
steps required in that regard. It also requests the State party to continue to
disseminate widely,
in particular to women’s and human rights
organizations, the Convention and its Optional Protocol, the Committee’s
general
recommendations, the Beijing Declaration and Platform for Action, and
the results of the twenty-third special session of the General
Assembly,
entitled “Women 2000: gender equality, development and peace for the
twenty-first century”.

4. Fourth periodic report

Barbados

209. The Committee considered the fourth periodic report of Barbados
(CEDAW/C/BAR/4) at its 579th meeting, on 13 August 2002 (CEDAW/C/SR.579).

(a) Introduction by State party

210. In introducing the fourth periodic report, the representative of
Barbados indicated that ratification of the Convention by Barbados
in 1980 was
one of the steps forward in the process to ensure equality for women. Before
signing the Convention, the Government had
already established a mechanism on
gender, namely a National Commission, which had been created in 1976 to inquire
into and report
on the status of women in the country. After the
Commission’s dissolution in 1978, its secretariat, the Bureau of
Women’s
Affairs, had been mandated to monitor the implementation of its
recommendations. With the establishment of the Bureau of Women’s
Affairs,
Barbados had attempted to advance the equality of women not only through legal
reform, but also policy intervention, and
programmes had been developed focusing
on vocational skills training and small-scale income-generating projects.
Additionally, Barbados
became a member of the International Labour Organization
in 1967, which led to a focus on the protection of workers’ rights,
including the elimination of discrimination against women in the field of
employment, and had consistently participated in and supported
the outcomes of
international summits and conferences on women.

211. The representative highlighted aspects of the Platform for Action
adopted by the Fourth World Conference on Women in 1995 and
indicated that
Barbados had identified five areas of priority: institutional mechanisms; women
in poverty; violence against women;
women in decision-making; and women and
health.

212. In 1999, the Ministry of Social Transformation had been established and
included the national machinery, renamed the Bureau of
Gender Affairs, which was
tasked with mainstreaming the concept of gender into all policies, plans and
programmes, monitoring that
process and carrying out sensitivity training in the
public and private sectors. A National Advisory Council on Gender had been
created
to assist the Bureau and advise the Government, and focal points had
been identified in the public service who would form an Inter-ministerial
Committee and ensure that programmes within their agencies and departments were
gender focused. Non-governmental organizations, particularly
women’s
organizations, were involved in advocacy, were often part of official
delegations to regional and international conferences
and had a good
consultative relationship with the national machinery.

213. The representative indicated that women living in poverty were generally
the principal, if not sole, breadwinners for the family
and that 44.4 per cent
of households in Barbados were headed by women. Under its social policy, the
Government had introduced services
and programmes to meet the needs of the most
vulnerable in the society. They included welfare grants and childcare services;
a poverty
eradication fund had introduced measures to improve entrepreneurial
activities; the “Relief 2000” initiative focused
on the needs of
recipients of social assistance in respect of employment, training, financial
assistance and housing; and the “Welfare
to work” programme sought
to provide training and counselling for women on welfare.

214. Violence against women pervaded all levels of society and was basically
the result of inequality in relations between men and
women. Prior to the Fourth
World Conference on Women, legislation against domestic violence had been
enacted. The Domestic Violence
(Protection Orders) Act and the Sexual Offences
Act of 1992 sought to bring domestic violence to an end by protecting victims of
domestic violence, changing public and private attitudes, which had failed to
discourage domestic violence, and changing police attitudes
so they intervened
and treated complaints seriously. The Government was currently seeking to combat
violence against women on two
levels: the eradication of inequality between
women and men; and the provision of services for victims and offenders.
Activities
to raise awareness and combat violence against women were handled
mainly by non-governmental organizations, which had provided support
services
for victims and offenders, including temporary shelter, crisis hotlines,
counselling and educational training. In 1999,
the Government established a
shelter to house battered women which was managed by a non-governmental
organization. Counselling and
referral for legal aid and other services were
handled by the Welfare Department, and attempts were being made to develop
programmes
for perpetrators.

215. Women were active participants in the political process as supporters,
campaigners and voters but continued to be relatively
invisible or absent from
the centres of power and decision-making, with four women members of Parliament
out of a total of 28; six
women senators out of a total of 21; one woman serving
on the High Court, while 4 out of 10 magistrates were women; and 31 per cent
women at the decision-making level of the public service, while women dominated
the junior level of the service.

216. Health care was viewed as a fundamental right, and Barbados had
recognized the need to move away from a narrow focus on women
as mothers and to
emphasize the provision of services that met a broader definition of
women’s reproductive health and took
account of the differences in the
health profiles of women and men. The representative highlighted a number of
programmes, policies
and initiatives in the area of health, including the family
clinics, which offered Pap smears and educated women and their partners
with a
view to reducing the number of unplanned pregnancies. The Government recognized
the need to investigate the effects of the
work environment on women’s
health, and the Ministry of Health was committed to the provision of adequate
and affordable measures
for prevention and control of HIV/AIDS and for rendering
care to its victims, while giving due consideration to the protection of
fundamental human rights. The representative indicated that chronic
non-communicable diseases continued to be the leading causes
of morbidity and
mortality among the population and obesity was a major risk factor, with surveys
showing 30 per cent of women were
obese and 58 per cent overweight.

217. The representative indicated that legal reform had been extensive and
that a bill on sexual harassment was being considered.
The Family Law Act was
being reviewed to ensure maintenance of children, and other laws, such as the
Domestic Violence Act, would
be reviewed to assess their effectiveness.

218. In closing, the representative informed the Committee that, with the
acceptance of the gender and development paradigm and the
attempt to mainstream
the concept of gender, it was believed that greater strides would be made
towards removing unintentional discrimination
against women, changing gender
attitudes and establishing gender equality.

(b) Concluding comments of the Committee

Introduction

219. The Committee expresses appreciation to the State party for its fourth
periodic report. It commends the State party for the written
replies to the
issues raised by the pre-session working group.

220. The Committee commends the State party for its delegation and expresses
appreciation for the oral presentation, which provided
additional information on
the current situation of implementation of the Convention in Barbados.

Positive aspects

221. The Committee welcomes legislation that promotes and protects
women’s rights, such as the Domicile Reform Act, the Domestic
Violence
(Protection Orders) Act, the Change of Name Act and the Maintenance Act, which
recognizes the same maintenance rights in
family relations for couples who have
lived together for five years or more as married spouses.

222. The Committee commends the State party for providing free education,
cash grants, school uniforms and grant assistance for textbooks
for those in
need in order to facilitate school attendance and to ensure that children, in
particular girl children, up to the age
of 16 years receive an education. It
notes with satisfaction the female literacy rate of approximately 97 per
cent.

223. The Committee congratulates the State party on having achieved a
maternal mortality rate of zero.

224. The Committee also commends the State party for viewing health care as a
fundamental right and for providing a range of family
health services in the
polyclinic setting, including free ante- and post-natal care for all citizens
and residents of the country.
It also commends the State party for the services
that target women and girls, for example the Maternal and Child Health
Programme,
which monitors progress throughout pregnancy.

Principal areas of concern and recommendations

225. The Committee is concerned that the Constitution, which recognizes
women’s right to equality before the law and guarantees the fundamental
rights and freedoms of all individuals,
does not prohibit discrimination on the
grounds of sex, and that there is no legislative definition of
“discrimination against
women” reflecting article 1 of the
Convention, which prohibits both direct and indirect discrimination. It is
further concerned
about the lack of information provided about procedures
available to women to enforce their rights under the Convention, challenge
discrimination and obtain redress.

226. The Committee recommends that the State party take steps to include
in the Constitution and/or legislation a specific right of non-discrimination on
the grounds of sex, defined in accordance with article 1 of the Convention.
It
calls on the State party to introduce procedures that will allow the enforcement
of the prohibition on discrimination based on
sex and to introduce effective
measures, including public awareness-raising campaigns about the Convention, the
Constitution and remedies to implement women’s right to equality. The
Committee requests that the State party report on progress made in
this regard
in its next periodic report and that it provide information on whether the
Convention has been invoked before domestic
courts.

227. The Committee notes the lack of information on whether the Office of the
Ombudsman established to address public grievances has
received and considered
complaints of violations of women’s rights.

228. The Committee requests the State party to include in its next
periodic report information on the work and cases considered by the
Office of
the Ombudsman relating to discrimination against women. The Committee also
recommends that the State party take measures
to ensure that the Office of the
Ombudsman incorporates a gender perspective in its work.

229. The Committee is concerned that the Bureau of Gender Affairs within the
Ministry of Social Transformation, tasked with mainstreaming
the concept of
gender into all policies, plans and programmes of the Government, monitoring
their implementation and carrying out
sensitivity training in public and private
agencies, does not have adequate human, financial and material resources. It
notes that
a National Advisory Committee on Gender Affairs has been created to
assist the Bureau and advise the Government on trends and developments
in gender
issues, and that focal points have been appointed to form an inter-ministerial
committee and ensure that programmes within
their agencies and departments are
gender-focused.

230. The Committee recommends that the State party ensure that the Bureau
of Gender Affairs is provided with adequate human, financial
and material
resources to give it sustainability, visibility and effectiveness and to ensure
continual effective implementation of
governmental policies and programmes
related to gender equality. It also encourages gender mainstreaming in all
ministries.

231. While recognizing the existence of a range of services and programmes
designed to eliminate discrimination against women, and
the identification of
five priority areas based on the Beijing Declaration and Platform for Action,
the Committee is concerned that
no overall national plan of action has been
formulated. It is also concerned that the impact of existing measures and
programmes
has yet to be evaluated.

232. The Committee recommends that the State party formulate an integrated
national plan of action to fully address the issue of discrimination
against
women in all its aspects. It also urges the State party to make an assessment of
the measures already implemented with a
view to further improvements.

233. The Committee remains concerned about entrenched stereotypical attitudes
and behaviour, which tend to reinforce women’s
inferior status in all
spheres of life, and regrets that the State party has not undertaken sustained
programmes to change these
social and cultural attitudes and patterns of
behaviour that lead to stereotyping.

234. The Committee calls upon the State party to strengthen measures aimed
at changing stereotypical attitudes about the roles and responsibilities
of
women and men, including through sustained awareness-raising designed in
collaboration with the media and women’s non-governmental
organizations
and educational campaigns directed at both women and men. The Committee
emphasizes that a policy of gender equality
in compliance with the Convention
will require the recognition that women can have various roles in society, not
only the important
role of mother and wife, exclusively responsible for children
and the family, but also as an individual person and actor in the community
and
in the society in general.

235. The Committee is concerned at the limited information provided on
trafficking in women and girls and their exploitation in prostitution
in the
State party’s report. The Committee is concerned that there is no data on
prostitution and that the issue is not being
addressed.

236. The Committee recommends the introduction of policies to ensure the
prosecution of, and strong penalties for, those who exploit prostitutes.
In view
of the growing emphasis on tourism in the State party, the Committee requests it
to provide in its next report comprehensive
information and data on the
trafficking of women and girls and their exploitation in prostitution and the
measures taken to prevent
and combat these activities.

237. Despite the extensive work of NGOs and other and community organizations
and the facilitating role played by the State party,
the Committee expresses
concern that violence against women, including domestic violence, remains a
serious reality in Barbados.
The Committee is concerned that the bulk of the
statistical data on violence and abuse collected by the Probation Department,
the
Police and the Registration Department is not disaggregated by sex.

238. The Committee urges the State party to place a high priority on
measures to address violence against women in the family and in society
in
accordance with the Committee’s general recommendation 19. The Committee
urges the State party to strengthen its activities
and programmes to focus on
sexual violence, sexual crimes, incest and prostitution, especially prostitution
associated with tourism,
and to provide comprehensive training for the
judiciary, the police, medical personnel and other relevant groups on all forms
of
violence against women, including domestic violence. The Committee recommends
that the State party devise a structure for systematic
data collection on
violence against women, including domestic violence, disaggregated by sex. It
also calls on the State party to
provide this data in its next periodic
report.

239. While welcoming the recognition of marital rape as a sexual offence, the
Committee notes with concern that, under the Sexual
Offences Act, marital rape
is recognized as a crime only after the issuance of a decree of divorce, a
separation order or a separation
agreement, or where the husband is subject to a
non-molestation order.

240. The Committee urges the State party to consider defining marital rape
to include circumstances of de facto separation, and to create
awareness of the
legal remedies so that offenders can be prosecuted and punished. The Committee
requests information on cases prosecuted
under the Sexual Offences Act in the
State party’s next periodic report.

241. The Committee is concerned that, despite the fact that the State party
has identified women’s participation in decision-making
as one of its five
priorities and despite the high level of education of Barbadian women, little
has been achieved in terms of women’s
representation in decision-making
positions in the political sphere. In this context, the Committee expresses
concern that the State
party lacks a clear understanding of the application of
temporary special measures, according to article 4, paragraph 1, of the
Convention.

242. The Committee recommends the adoption of strategies to increase the
number of women in decision-making positions, both in appointed
and elected
government bodies. The Committee recommends that the State party adopt temporary
special measures in accordance with
article 4, paragraph 1, of the Convention to
increase women’s representation. It also recommends that the State party
organize
special training programmes for women and to conduct, on a regular
basis, awareness-raising campaigns in this regard. It recommends
that the State
party sensitize political parties and social partners about the importance of
these measures.

243. The Committee notes the absence of statistical data on wages
disaggregated by sex, the absence of statutory parental leave for
fathers and
the apparent lack of equal employment opportunity legislation.

244. The Committee recommends broad collection of data disaggregated by
sex with regard to wages and urges the State party to include these
in the next
report. The Committee also recommends the adoption of an equal employment
opportunity law and a legislative provision
on parental leave for
fathers.

245. While acknowledging the State party’s social policy, which has
introduced services and programmes, including the Poverty
Eradication Fund, to
boost entrepreneurial activities and increase self-employment and create more
employment among women and youth,
the Committee is concerned at the feminization
of poverty and, in particular, that women head approximately 44.4 per cent of
households.

246. The Committee recommends that the State party ensure that
governmental policies to eradicate poverty are sustainable, incorporate
a gender
perspective and do not marginalize women.

247. While noting the State party’s adolescent health programme, which
covers a wide range of issues, including human sexuality
and HIV/AIDS, and other
policies and activities with respect to AIDS education and sensitization, the
Committee is concerned that
the number of women infected with HIV/AIDS has been
increasing more rapidly than that of men.

248. The Committee urges the State party to address the gender dimensions
of HIV/AIDS, including the power differential between women and
men, which often
prevents women from insisting on safe and responsible sex practices. It
encourages the State party to strengthen
its efforts to raise awareness and
educate women and girls on ways of self-protection.

249. The Committee is concerned about the increasing number of teenage
pregnancies and its consequences for girls’ enjoyment
of the rights
guaranteed by the Convention, particularly in the spheres of education and
health.

250. The Committee recommends that the State party increase efforts to
include age-appropriate sex education in school curricula and to
conduct
awareness campaigns so as to prevent teenage pregnancy. The Committee requests
the State party to include information on
the impact of programmes to prevent
teenage pregnancy in its next periodic report.

251. The Committee notes that the report does not address the
Committee’s concluding comments on the second and third periodic
reports.
It also notes the limited amount of sex-disaggregated data in several areas.

252. The Committee urges the State party to respond in its next periodic
report to the outstanding issues that were brought up in the constructive
dialogue and the specific issues raised in the present concluding comments. It
also urges the State party to improve the collection
and analysis of statistical
data, disaggregated by gender and age, and to submit such data to the Committee
in its next report.

253. The Committee encourages the State party to continue its procedures
towards ratification of the Optional Protocol to the Convention
and acceptance
of the amendment to article 20, paragraph 1, of the Convention, relating to the
Committee’s meeting time.

254. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance and the Second World Assembly on Ageing), the Committee
requests the State party to include information on
the implementation of aspects
of these documents relating to relevant articles of the Convention in its next
periodic report.

255. The Committee requests that the text of the present concluding
comments be widely disseminated in Barbados so as to inform the public,
in
particular administrators, officials and politicians, of the measures taken to
guarantee de jure and de facto equality between
men and women and of the
supplementary measures to be adopted in that area. The Committee also urges the
State party to give broad
publicity to the Convention, its Optional Protocol,
the general recommendations of the Committee, the Beijing Declaration and
Platform
for Action, and the results of the twenty-third special session of the
General Assembly, entitled “Women 2000: gender equality,
development and
peace for the twenty-first century”, which was held in June 2000,
particularly among women’s associations
and human rights
organizations.

5. Combined fourth and fifth periodic reports

Greece

256. The Committee considered the combined fourth and fifth periodic report
of Greece (CEDAW/C/GRC/4-5) at its 585th meeting, on 19
August 2002 (see
CEDAW/C/SR.585).

(a) Introduction by the State party

257. In introducing the fourth and fifth periodic report, the
Secretary-General of the General Secretariat for Gender Equality stated
that
gender equality was one of the State party’s major goals and that its
gender equality policy reflected the State party’s
political will, which
was based on democracy, economic and social integration, participation,
non-discrimination, tolerance and social
justice.

258. The representative noted that the General Secretariat for Gender
Equality, which functioned as the government body responsible
for women’s
rights and gender issues, had been established within the Ministry of Interior,
Public Administration and Decentralization.
Its six-year action plan for gender
equality concentrated on four major areas of concern: women and politics, women
and the economy,
social rights and stereotypes.

259. Work in the area of gender equality had broadened to accommodate new and
emerging issues brought about by globalization, such
as trafficking in human
beings, the new information technology and migration, as well as new strategies,
such as gender mainstreaming.

260. Since the presentation of its second and third periodic reports in 1999,
the representative stated that the State party had taken
measures to strengthen
its legal and policy framework. It had been among the first 23 countries to sign
the Optional Protocol to
the Convention on 10 December 1999, which it ratified
in 2001. In addition, the amendment to article 20, paragraph 1, of the
Convention
had been accepted domestically and was awaiting action at the
international level. Article 116, paragraph 2, of the Constitution had been
revised to ensure fully the legal basis for positive measures and policies for
the elimination of gender inequalities. The
revised provision had been adopted
by Parliament on 16 April 2001.

261. Taking note of the importance of women’s participation in the
decision-making process, the representative indicated that
two laws had been
adopted, in 2000 and 2001, which established the following:

(a) Balanced participation of a percentage equal to at least one third of
each sex in decision-making councils, committees of public
administration,
public organizations and local authorities;

(b) Balanced participation of a percentage equal to at least one third of
each sex in the candidates’ lists for municipal and
prefectural
elections.

262. In the education sector, the representative noted that, in 2001, 61 per
cent of the graduates from Greek universities had been
women. The representative
also noted that the General Secretariat, through its Research Centre for Gender
Equality and in collaboration
with the Ministry of Education, had produced a
large number of studies and pilot projects which were being used for the
advancement
of women in education and future gender mainstreaming policies.

263. The General Secretariat, in collaboration with non-governmental
organizations, had been working on the issue of violence against
women for many
years. The representative informed the Committee that the General Secretariat
had also been cooperating with the National
Centre for Public Administration on
the design and implementation of new awareness-raising seminars on violence
against women for
police officers, judges, social workers, hospital doctors and
civil servants in the health and welfare areas.

264. Trafficking in persons was a complex problem that had been given high
priority on the political agenda. In April 2001, a Special
Committee Against
Human Trafficking had been established to study, design and oversee the impact
of specific anti-trafficking measures
to combat the problem. The Special
Committee consisted of high-ranking police officials, representatives from
relevant Ministries,
the academic community, the International Organization for
Migration, and the General Secretariat for Equality. Its main objective
had been
to update the State party’s anti-trafficking legislation to bring it in
line with existing international legal instruments.
Greece had signed the United
Nations Convention on International Organized Crime and the Protocol to Prevent,
Suppress and Punish
Trafficking in Persons, especially Women and Children, and
draft legislation on trafficking had also been submitted to Parliament
in July
2002.

265. In concluding, the representative assured the Committee that the State
party was making systematic efforts to promote gender
equality and mainstream
gender, generally, at all stages of the policy-making process, and in its
policies.

(b) Concluding comments of the Committee

Introduction

266. The Committee commends the Government of Greece for its combined fourth
and fifth periodic report. It also commends the State
party for the written
replies to the questions of the Committee’s pre-session working group, and
the oral presentation of the
delegation that sought to clarify the current
situation of women in Greece, and provided additional information on the
implementation
of the Convention.

267. The Committee commends the State party on its delegation headed by the
Secretary-General of the General Secretariat for Equality.
The Committee
appreciates the frank and open dialogue that took place between the delegation
and the members of the Committee.

Positive aspects

268. The Committee welcomes the 1999 revision of the Constitution,
particularly the revision of article 116, paragraph 2, which legalizes the use
of temporary special measures as provided for by
article 4, paragraph 1, of the
Convention in order to achieve substantive equality between women and men.

269. The Committee appreciates the close links between the General
Secretariat for Equality, other governmental bodies, civil society
and the
Research Centre on Equality Matters.

270. The Committee welcomes the growing number of non-governmental
organizations that play a prominent role in promoting women’s
empowerment
in Greece.

271. The Committee notes with appreciation the numerous policies implemented
through the six-year action plan in order to promote
gender equality and the
advancement of women. It particularly commends the State party for its
successful policies in reducing the
illiteracy rate generally and among women in
particular.

272. The Committee also commends the State party for having ratified the
Optional Protocol.

Principal areas of concern and recommendations

273. While noting initiatives to eliminate stereotypes, the Committee is
concerned that deep-rooted patriarchal attitudes persist.

274. The Committee recommends that the State party intensify its efforts,
inter alia by strengthening specific programmes targeting men
and boys, to
change stereotypical roles and discriminatory attitudes and perceptions about
the roles and responsibilities of women
and girls and men and boys in the family
and in society.

275. The Committee expresses concern at the prevalence of violence against
women, and at the lack of specific provisions on domestic
violence and marital
rape in the current legislation on violence. The Committee is also concerned
that no comprehensive plans to
address all forms of violence against women have
been adopted by the State party.

276. The Committee requests the State party to place a high priority on
the introduction and implementation of comprehensive and holistic
measures to
address violence against women and girls in the family and society in accordance
with its general recommendation 19.
It calls on the State party to include
specific provisions on domestic violence, including marital rape, in the new
draft legislation
on violence against women and to ensure its speedy enactment.
The Committee recommends that the State party increase its awareness-raising
measures, including zero-tolerance campaigns through the media and public
education programmes, to ensure all forms of violence against
women and girls,
including domestic violence, are regarded as morally and socially
unacceptable.

277. The Committee is concerned about the absence of specific legal
provisions and measures to address sexual harassment, especially
in the
workplace.

278. The Committee urges the State party to take all necessary measures,
including introducing specific legislation, in order to empower
women to take
action with regard to sexual harassment.

279. The Committee is concerned that the State party is increasingly becoming
a country of transit and destination for trafficked
women and girls, inter alia
for purposes of sexual exploitation, and that the draft legislation on
“the elimination of trafficking
in human beings, of crimes against sexual
freedom, of pornography against minors, and generally sexual exploitation and
assistance
to victims of these crimes” insufficiently protects the human
rights of women and girls who have been trafficked.

280. The Committee urges the State party to design and implement a
holistic approach to combat trafficking in women and girls. It urges
the State
party to review the draft legislation in order to strengthen the provisions on
assistance and to ensure the protection
of the human rights of trafficked women
and girls. It also urges the State party to further strengthen provisions
related to the
sexual exploitation of trafficked women and girls.

281. The Committee is concerned about the limitations women face in gaining
access to employment in the police and the fire brigade.

282. The Committee recommends that the law governing women’s
employment in police and the fire brigade be reviewed in order to eliminate
discrimination against women.

283. While noting a major decline in unemployment during 1999-2001,
especially among women, the Committee expresses concern that women,
especially
young women holding university diplomas, still constitute the majority of the
unemployed in the State party. It is also
concerned about the persisting wage
gap between women and men, and that women are paid lower salaries than men for
the same work
and work of equal value.

284. The Committee urges the State party to continue developing policies
and adopting proactive measures to increase the employment rate
of women, in
particular young women, and accelerate the elimination of the wage gap between
women and men. It also requests the State
party to provide more information in
its next periodic report on measures taken to eliminate the wage gap.

285. The Committee is concerned that fathers are not taking childcare leave
and that this reinforces negative stereotypes regarding
working matters.

286. The Committee requests that the State party introduce individualized
paid paternal leave for childcare.

287. While noting the high rate of women acquiring degrees, the Committee is
concerned about the underrepresentation of women in decision-making
and
political bodies, particularly in Parliament, the economic sector and
academia.

288. The Committee recommends that the State party take measures, inter
alia in accordance with article 4, paragraph 1, of the Convention,
in order to
realize women’s right to participation in all areas of public life and,
particularly, at high levels of decision-making.
It also urges the State party
to adopt proactive measures to encourage more qualified women to apply for
high-ranking posts in academia
and to implement temporary special measures, such
as quotas, with goals and timetables, where necessary.

289. The Committee is concerned at the low number of women in the diplomatic
service, particularly in postings abroad, and the fact
that few Greek women work
in international organizations.

290. The Committee recommends that the State party take measures,
including in accordance with article 4, paragraph 1, of the Convention
to
encourage women to enter the diplomatic service and to provide opportunities to
access the highest rank of the diplomatic service.
It also recommends the
introduction of measures to provide information to women on options for
employment in international organizations.

291. Noting that the rate of abortion has decreased by 30 per cent during the
years 1994 through 2000, the Committee is concerned
that abortion is still
perceived as a means of birth control. It also notes with concern that an
unusually high percentage of women
deliver through Caesarean section.

292. The Committee recommends that the State party ensure the availability
and accessibility of affordable contraceptive means for both
women and men as
part of a comprehensive health policy, including reproductive health. The
Committee encourages the State party to
promote programmes of sex education for
both girls and boys. It calls on the State party to encourage responsible sexual
behaviour
and take all appropriate steps to eliminate the use of abortion as a
means of birth control. The Committee also recommends that the
State party
implement awareness-raising programmes on the benefit of natural birth in order
to decrease the number of deliveries
through Caesarean section.

293. The Committee expresses concern at the discrimination against minority
women living in Greece, particularly Roma women, including
with respect to
access to education, who suffer from double discrimination based on both their
sex and ethnic background, in society
at large and within their communities.

294. The Committee urges the Government to take effective measures to
eliminate discrimination against minority women. It urges the State
party to
respect and promote the human rights of women and to take effective and
proactive measures, including awareness-raising
programmes, to sensitize public
opinion at large, and particularly the police, on the issue of minority women.
It also urges the
State party to address the forms of discrimination including
with regard to access to education, by minority women through its legal,
administrative and welfare systems.

295. The Committee is concerned about the marginalization of Muslim women
with regard to education, employment, and by the non-application
of the general
law of Greece to the Muslim minority on matters of marriage and inheritance,
resulting particularly in the practice
of polygamy and repudiation. The
Committee is concerned that this situation leads to discrimination against
Muslim women and negatively
impacts on the realization of their human rights as
protected under the Greek Constitution and the Convention.

296. The Committee urges the State party to accelerate its efforts aimed
at improving Muslim women’s education and employment opportunities.
The
Committee also urges the State party to increase the awareness of Muslim women
of their rights and remedies and to ensure that
they benefit from the provisions
of Greek law.

297. The Committee urges the State party to deposit, as soon as possible,
its instrument of acceptance of the amendment to article 20,
paragraph 1, of the
Convention on the Committee’s meeting time.

298. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report under
article 18 of the Convention.

299. Taking account of the gender dimension of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance and the Second World Assembly on Ageing), the Committee
requests the State party to include information on
the implementation of aspects
of these documents relating to relevant articles of the Convention in its next
periodic report.

300. The Committee requests the wide dissemination in Greece of the
present concluding comments in order to make the people of Greece,
and
particularly government administrators and politicians, aware of the steps that
have been taken to ensure de jure and de facto
equality for women and the future
steps required in that regard. It also requests the State party to continue to
disseminate widely,
in particular to women’s and human rights
organizations, the Convention and its Optional Protocol, the Committee’s
general
recommendations, the Beijing Declaration and Platform for Action, and
the results of the twenty-third special session of the General
Assembly,
entitled “Women 2000: gender equality, development and peace for the
twenty-first century”.

Hungary

301. The Committee considered the combined fourth and fifth periodic report
of Hungary (CEDAW/C/HUN/4-5) at its 586th and 587th meetings,
on 20 August 2002
(see CEDAW/C/SR.586 and 587).

(a) Introduction by State party

302. Introducing the combined fourth and fifth periodic report, the
representative of Hungary indicated that her Government remained
strongly
committed to international protection of human rights and fundamental freedoms.
She emphasized that the protection of women’s
rights, the promotion of
equal opportunities for women and the elimination of all forms of discrimination
against them was a priority
and began at home.

303. The representative stated that Hungary considered that the periodic
dialogues with the Committee provided a unique opportunity
for States parties to
highlight achievements and discuss any difficulties confronting the
implementation of the Convention at the
national level. Consideration of reports
also effectively contributed to the elaboration of more appropriate ways to
accelerate the
enjoyment by women of the rights enshrined in the Convention.

304. The representative informed the Committee that, since Hungary’s
elections in May 2002, major changes had occurred. The
number of women elected
to Parliament was higher than ever before. The current parliamentary Speaker was
a woman, and a number of
women had been elected to chair parliamentary
committees. Women also headed the Ministry of the Interior, the Ministry of
Environment
and Water Resources and the Ministry of Welfare, Social and Family
Affairs.

305. Since 16 June 2002, when the newly elected Government had taken office,
several structural changes to the institutional framework
for women’s
advancement had been initiated. A new Directorate-General for Equal
Opportunities had been established within the
Ministry of Employment Policy and
Labour. The Director had been tasked with the elaboration of government policy
to promote equality
for women, rehabilitation of persons with disabilities and
the employment of Roma. The Directorate-General was expected to propose
a
special anti-discrimination law, which would bring together existing
anti-discriminatory provisions and modifications to existing
norms. It would
also develop a new national plan of action in conformity with the
Government’s agenda. The Directorate-General
had already announced a
project aimed at developing employment opportunities for women over 40, and for
those re-entering the labour
market after raising their children.

306. The representative stated that experience had indicated that
discrimination could not be addressed by governmental measures alone.
Accordingly, it was important that civil society become active in combating
discrimination, including that against women. The Government
gave high priority
to the involvement of civil society in improving equal opportunities for women
in all spheres and at all levels
of life, and encouraged cooperation between
civil society, academia, women parliamentarians and others in the development of
programmes
to promote gender equality. Anti-discrimination legislation and
policies would not be fully effective unless they were accompanied
by activities
which sought to address deep-rooted social attitudes and increase mutual
understanding within society. She also said
that changing attitudes required
public awareness and education.

307. The representative indicated that the situation of the Roma community in
Hungary differed from that of other minorities. The
social integration of the
Roma was a question of both minority and social policy; at the same time, it
required the establishment
of a tolerant social environment. As the great
majority of Hungarian society was still not aware of the problems confronting
the
Roma community, education was essential so that the foundations of prejudice
could be exposed. Positive results in that context could
only be achieved
through a long-term economic development policy and mobilization of additional
financial resources.

308. The representative informed the Committee that Hungary had ratified the
Optional Protocol to the Convention in 2001 but that
greater efforts with
respect to its dissemination were required. As a signal of Hungary’s
commitment to improving the situation
of women and ensuring their equality with
men, regular mass media programmes, conferences and seminars on violence,
trafficking in
human beings, prostitution and the elimination of stereotypes
were being convened in order to raise awareness of the Convention,
the Optional
Protocol and the aims of those instruments and to ensure their
implementation.

(b) Concluding comments of the Committee

Introduction

309. The Committee expresses its appreciation to the State party for its
combined fourth and fifth periodic report. It commends the
State party for the
extensive written replies to the issues raised by the pre-session working
group.

310. The Committee commends the State party for its delegation and expresses
appreciation for the oral presentation, which provided
additional information on
the current status of the implementation of the Convention in Hungary. It also
appreciates the frank and
constructive dialogue that took place between the
delegation and the members of the Committee.

Positive aspects

311. The Committee commends the State party for its accession on 22 December
2000 to the Optional Protocol to the Convention.

312. The Committee commends the State party for its recent legislative
measures on trafficking in persons, especially women and girls,
including
changing the definition of trafficking in persons to reflect the definition in
article 3 (a) of the Protocol to Prevent,
Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational
Organized Crime, and the introduction of victim
and witness protection measures.

Principal areas of concern and recommendations

313. The Committee expresses concern that, although the State party indicated
that the Convention is incorporated in domestic law
and the Constitution
contains a provision prohibiting discrimination based on sex, there is no
legislative definition of “discrimination against
women” reflecting
article 1 of the Convention. The Committee is further concerned that Hungarian
law does not provide for procedures
accessible to women to enforce their rights
under the Convention or the Constitution or provide remedies to redress
violations of their rights as set forth in these instruments.

314. The Committee recommends that the State party take steps to include
in its legislation a specific right to non-discrimination on the
grounds of sex,
defined in accordance with article 1 of the Convention. It calls on the State
party to introduce procedures that
will allow effective enforcement of the
prohibition on discrimination based on sex and introduce measures, including
awareness-raising
campaigns about the Convention, the Constitution and remedies
to uphold women’s right to equality, including for, inter alia, the
judiciary and parliamentarians. The Committee
requests that the State party
report on progress made in this regard in its next periodic report, as well as
information on whether
the Convention has been invoked before domestic
courts.

315. Taking into account the recent restructuring of the national machinery
for the advancement of women in June 2002, the Committee
is concerned that the
Directorate-General for Equal Opportunities and its Department of Equal
Opportunity for Women, newly established
within the Ministry of Employment
Policy and Labour, unless supported by enhanced supplementary mechanisms, may
lack sufficient power
to promote effectively the advancement of women and gender
equality. The Committee is concerned that the national mechanism may have
inadequate financial and human resources.

316. The Committee recommends that the State party assess the capacity of
the national machinery for the advancement of women, including
its mandate and
resources. The Committee recommends that the national machinery be given the
power, visibility and human and financial
resources required to advance the
State party’s efforts to implement the Convention. It also recommends that
the State party
fully implement gender mainstreaming strategies, inter alia, by
clearly defining the coordinating role and mandate of the Council
of
Women’s Representation, composed of government representatives and
representatives of non-governmental organizations, scholars
and other members of
civil society concerned with women’s issues.

317. While welcoming the fact that the Parliamentary Commissioner for Civil
Rights (Ombudsman) may investigate cases of violations
of women’s rights
and may recommend remedies in this context, the Committee notes that the
Commissioner has only considered
one case of discrimination against women. The
Committee is concerned that the Parliamentary Commissioner for Civil Rights has
not
made efforts to initiate legislation or regulations concerning gender
issues.

318. The Committee recommends that the State party take measures to ensure
that the institution of the Parliamentary Commissioner for Civil
Rights actively
and fully incorporates a gender perspective in its work.

319. The Committee is concerned about the persistence of entrenched
traditional stereotypes regarding the role and responsibilities
of women and men
in the family and in society at large.

320. The Committee urges the State party to design and implement
comprehensive programmes in the educational system, including human rights
education and gender training, which includes dissemination of information on
the Convention, with a view to changing existing stereotypical
attitudes,
including advancing the notion of parenting as a social responsibility of both
mothers and fathers. It recommends awareness-raising
campaigns directed at both
women and men as required by article 5 of the Convention. The Committee
recommends that men be encouraged
through measures, such as non-transferable
parental leave, to make this transformation.

321. The Committee is concerned about the prevalence of violence against
women and girls, including domestic violence. It is particularly
concerned that
no specific legislation has been enacted to combat domestic violence and sexual
harassment and that no protection
or exclusion orders or shelters exist for the
immediate protection of women victims of domestic violence.

322. The Committee urges the State party to place high priority on
comprehensive measures to address violence against women in the family
and in
society, and to recognize that such violence, including domestic violence,
constitutes a violation of the human rights of
women under the Convention. In
the light of its general recommendation 19 on violence against women, the
Committee calls upon the
State party to ensure that such violence constitutes a
crime punishable under criminal law, that it is prosecuted and punished with
the
required severity and speed, and that women victims of violence have immediate
means of redress and protection, including access
to shelters that provide them
with effective and confidential protection from their abusers. It recommends
that training measures
be taken to ensure that public officials, especially law
enforcement officials, the judiciary, the medical profession and social
workers,
are fully sensitized to all forms of violence against women. The Committee
invites the State party to undertake awareness-raising
measures in cooperation
with women’s human rights NGOs, including a campaign of zero tolerance, to
make such violence socially
and morally unacceptable. It recommends the
introduction of a specific law prohibiting domestic violence against women,
which would
provide for protection and exclusion orders and access to legal aid
as well as specific legislation prohibiting sexual harassment.

323. Noting that the State party is considering a new draft law on
prostitution, the Committee is still concerned that current regulations
establishing so-called “zones of protection” where prostitution is
prohibited and “zones of tolerance” where
prostitution is permitted
may be rendering the exploitation of women in prostitution difficult to punish,
thereby worsening their
situation.

324. The Committee requests the State party to include in its next report
information on the review of its draft law on prostitution and
information on
any legislative changes to ensure that the exploitation of women in prostitution
is effectively prohibited and that
they are provided with access to health and
social services and alternative means of support for the protection of their
human rights.

325. While noting that there has been an increase of three seats occupied by
women in Parliament since the latest elections, in May
2002, and that the
Speaker of Parliament is a woman and three women are ministers in the
Government, the Committee is concerned about
the overall low representation of
women in high-level elected and appointed bodies and in the diplomatic
service.

326. The Committee urges the State party to take measures to increase the
representation of women in elected and appointed bodies through,
inter alia, the
implementation of temporary special measures, in accordance with article 4,
paragraph 1, of the Convention, in order
to realize women’s right to
participation in all areas of public and political life and, particularly, at
high levels of decision-making.
The Committee recommends that the State party
increase its efforts to offer or support programmes for current and future women
leaders
and to carry out awareness-raising campaigns targeting both women and
men regarding the importance of women’s equal participation
in political
decision-making as a sine qua non of democracy. In this regard, the Committee
urges the State party to carry out research
into the obstacles to the
participation particularly of young women in political decision-making.

327. The Committee expresses concern about women’s disadvantaged
position in the labour market, including the decline in women’s
employment
and vertical and occupational segregation with wage differentials between women
and men. The Committee is also concerned
that government policy regarding these
wage differentials rests on general job classification schemes and does not
specifically address
the need for women to be guaranteed equal pay for work of
equal value. The Committee is concerned about discrimination in hiring
women of
childbearing age, mothers with small children and older women.

328. The Committee urges the State party to ensure equal opportunities for
women and men in the labour market, inter alia, through the
use of temporary
special measures in accordance with article 4, paragraph 1, of the Convention.
It recommends that efforts be made
to eliminate occupational segregation, inter
alia, through education, training and retraining. The Committee urges the State
party
to collate sex-disaggregated data regarding the type and extent of wage
differentials and to apply job classification analysis to
eliminate the practice
of women receiving unequal pay for work of equal value. The Committee recommends
that measures allowing for
reconciliation between family and professional
responsibilities be strengthened and that the sharing of domestic and family
tasks
between women and men be promoted.

329. While noting that abortion rates have fallen in the reporting period,
the Committee remains concerned about the high rate of
abortion among women,
including young women without children, and the possible connection to
difficulties in accessing family planning
methods and the prohibitive cost of
contraceptives, particularly for women with low incomes. The Committee is
concerned that the
report does not include data on women’s general health
situation, access to health care or information about the general health
policy
of the State party, including information on the access to health care of rural
women. Furthermore, it notes that the report
lacks statistical data on the
prevalence of alcohol, drug and substance abuse by women of different age groups
or detailed information
on the main causes of death among women.

330. The Committee draws attention to its general recommendation 24 on
women and health and recommends that comprehensive research be undertaken
into
the specific health needs of women, including reproductive health, HIV/AIDS, the
financial and organizational strengthening
of family planning programmes
addressed to women and men and the provision of wide access to contraceptives
for all women. The Committee
urges the State party to reinforce programmes on
sexual education for both girls and boys. The Committee calls on the State party
to take all appropriate measures to foster responsible sexual behaviour and take
all appropriate steps to stop the use of abortion
as a means of birth control.
The Committee requests the State party to provide in its next report detailed
information on women’s
general health, government policy on health, access
to health care and the major causes of death among women, in particular rural
women, as well as information and statistical data disaggregated by sex and age
on the prevalence of alcohol, drug and substance
abuse and measures aimed at
preventing and reducing such abuse, the availability of counselling and
rehabilitation measures for these
women and girls.

331. Noting that the report contains extensive information about the overall
situation of the Roma minority and a range of programmes
and initiatives of the
State party, particularly with regard to education, the Committee regrets the
lack of information and statistical
data disaggregated by sex on Roma women.

332. The Committee requests the State party to include in its next report
statistical data disaggregated by sex and information about the
situation of
Roma women and any gender-specific policies and programmes aimed at their
economic empowerment and ensuring their access
to health-care services, social
security, adequate housing and educational opportunities.

333. While welcoming the State party’s comprehensive review of its
current law on sexual crimes, the Committee remains concerned
that the Hungarian
Penal Code currently treats sexual crimes as crimes against decency rather than
violations of women’s rights
to bodily security. It is particularly
concerned that the definition of rape, including that within marriage, is based
on the use
of force rather than lack of consent, as well as the issue of
seduction of girls below the age of 14 years. The Committee is also
concerned
that Hungarian law permits early marriage of girls between the ages of 16 and 18
in certain circumstances.

334. The Committee recommends that the State party reform its law to
define sexual crimes as crimes involving violations of women’s
rights to
bodily security and that the State party define the crime of rape as sexual
intercourse without consent, and amend its
law on seduction of girls less than
14 years of age to incorporate the concept of statutory rape and prohibit sexual
intercourse
with underage girls. The Committee also urges the State party to
take measures to raise the minimum age of marriage for girls in
line with
article 1 of the Convention on the Rights of the Child, which defines a child as
being below the age of 18, and the provision
on child marriage in article 16,
paragraph 2, of the Convention on the Elimination of All Forms of Discrimination
against Women.
The Committee urges the State party to develop awareness
campaigns on the negative implications of early marriage on the health and
education of girls.

335. The Committee encourages the State party to accept the amendment to
article 20, paragraph 1, of the Convention, relating to the Committee’s
meeting time.

336. The Committee requests that the State party respond in its next
periodic report to the specific issues raised in the present concluding
comments. It also requests that the report address the general recommendations
of the Committee and provide information on the impact
of legislation, policies
and programmes to implement the Convention.

337. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance and the Second World Assembly on Ageing), the Committee
requests the State party to include information on
the implementation of aspects
of these documents relating to relevant articles of the Convention in its next
periodic report.

338. The Committee requests that the text of the present concluding
comments be widely disseminated in Hungary so as to inform the public,
in
particular administrators, officials and politicians, of the measures taken to
guarantee de jure and de facto equality between
men and women and of the
supplementary measures to be adopted in that area. The Committee also urges the
State party to give broad
publicity to the Convention, its Optional Protocol,
the general recommendations of the Committee, the Beijing Declaration and
Platform
for Action, and the results of the twenty-third special session of the
General Assembly, entitled “Women 2000: gender equality,
development and
peace for the twenty-first century”, which was held in June 2000,
particularly among women’s associations
and human rights
organizations.

6. Fourth and fifth periodic reports

Argentina

339. The Committee considered the fourth and fifth periodic reports of
Argentina (CEDAW/C/ARG/4 and CEDAW/C/ARG/5) at its 584th meeting,
on 16 August
2002 (see CEDAW/C/SR.584).

(a) Introduction by the State party

340. In introducing the fourth and fifth periodic reports, the representative
of Argentina pointed out that the fourth and fifth periodic
reports provided
information on implementation of the Convention during two presidential periods
under different political parties.
However, the National Women’s Council,
created 10 years before as an agency within the national executive, had been
continuously
working on specific objectives related to the implementation of the
Convention regardless of changes in political leadership.

341. The representative provided an overview of her country’s
institutional, social and economic situation with regard to serious
crisis which
had erupted in December 2001 and noted the ways in which the crisis had affected
women in particular. Unemployment rates
had been increasing since 1995 and had
reached an historic high in 2002. Sex-disaggregated data on that phenomenon was
available
only for the areas of Greater Buenos Aires, where the impact was
higher among men (23.2 per cent) than among women (20.1 per cent).
Despite the
current crisis, the Government had taken steps to increase the number of working
women by fixing quotas for women in
unemployment plans and professional
training.

342. A number of emergency plans had been implemented by the Government in
response to the crisis, including a food emergency plan
to provide people with
financial assistance in purchasing food; and a “Male and female heads of
household plan” to guarantee
to eligible households the social inclusion
family right, including school attendance, health care, training and placement
in occupations.
A health emergency had been declared in order to guarantee
access to basic heath-care goods and services.

343. The representative stated that women’s mechanisms in Argentina
were vulnerable to reductions in public expenditure and
that the National
Women’s Council had suffered budget cuts of 75 per cent in 2000 and a
further 27 per cent in 2001. The representative
noted, however, that the Council
had continued to implement most of its projected plans and programmes and had
developed others.

344. The national Government, through the National Women’s Council as
executing agency, had been implementing the Federal Plan
for Women, which was
aimed at institutional strengthening of national, provincial and municipal
women’s machineries. Although
the Plan had undergone a total reduction of
funding from 15 million to 10 million pesos, causing delays and the postponement
of some
activities, accomplishments included the acquisition and distribution of
computers for all provincial Women’s Area offices;
the holding of
seminars, workshops and gender-related training and technical assistance, and
financial support for local projects
dealing with gender-sensitive public
policies. Two externally funded programmes had also been developed to mainstream
gender into
projects financed by the World Bank and promote gender-sensitive
family development.

345. With regard to the Committee’s concluding comments on the second
and third periodic reports in 1997, the representative
described a number of
actions which had been taken by the Government. They included the enactment and
implementation of a quota law
providing for the election of a minimum of 30 per
cent of women to the National Congress. The results of the reform had been
demonstrated
in the national elections of 2001 in which women’s
participation reached the minimum level of 30 per cent.

346. The Government had also taken steps to adjust the country’s penal
code to the provisions of the Convention by passing the
1999 Crimes Against
Sexual Integrity Act, and had been developing procedures and indicators for
sex-disaggregated data collection
and a gender gap indicator system for
monitoring and policy formulation.

347. With regard to violence against women, the representative stated that
legislatures in 20 provinces had passed relevant laws dealing
with, inter alia,
civil law jurisdiction, formal and informal marriages, mechanisms for reporting
violations of the law, family interaction,
educational and therapeutic
programmes and treatments, and free medical and psychological assistance. At the
national level, the
tax reform law of 2000 contained provisions for medical
insurance, retirement and pensions for domestic workers, and the Congress
was
considering approximately 10 bills dealing with the issue of sexual harassment.
Since 1999, legislation had been introduced addressing
the problem of alimony
and penalties imposed for delinquency in payments.

348. The representative acknowledged that there were fundamental issues which
needed to be addressed with regard to violence against
women. They included
specialized assistance for women victims of violence, coordination among various
State agencies, easy and free-of-charge
access to legal protection and wider
awareness of women’s human rights.

349. With regard to the Optional Protocol to the Convention, the
representative stated that, in April 2002, a request had been made
by the
Government to withdraw the Protocol from consideration by the Congress. However,
the bill was still in the Senate, where an
exchange of views on its future
approval was taking place.

(b) Concluding comments of the Committee

Introduction

350. The Committee thanks the State party for its fourth and fifth periodic
reports under the Convention, which were prepared in accordance
with the
Committee’s guidelines for the preparation of reports, and for its replies
to the questions of the pre-session working
group.

351. The Committee thanks the State party for having sent a delegation headed
by the President of the National Women’s Council
of Argentina, despite the
serious crisis the country is experiencing.

352. The Committee evaluated the serious economic, financial, political and
social crisis which Argentina has been experiencing since
2001 and endorsed the
decision of the pre-session Working Group to request the States party to submit
expanded and updated information
on the impact of the crisis on the
country’s female population; it decided accordingly to adapt its method of
work for analysing
reports as the content of the reports was not up-to-date.

Request for a follow-up report

353. In the framework of a constructive dialogue, the Committee expressed its
dissatisfaction with the lack of information provided
on the impact of the
crisis on the country’s female population, which negatively affected the
implementation of the Convention;
consequently, it decided to request the State
party, in conformity with article 18, paragraph 1 (b), of the Convention, to
submit
a follow-up report in January 2004 for consideration by the Committee in
June 2004.

354. The Committee made it clear that in no case was the follow-up report to
replace the submission of a sixth periodic report by
Argentina, scheduled for 14
August 2006, in accordance with article 18 of the Convention.

355. The follow-up report should take into account the areas of concern under
the Convention as indicated in the paragraphs below
and reply to the
recommendations made by the Committee in these concluding comments, and should
include expanded, updated and systematized
information, including
sex-disaggregated data as far as possible, about the impact of the crisis on the
country’s female population
and the measures adopted to reduce and
overcome its negative effects on women.

Principal areas of concern and recommendations

356. The Committee is concerned at the situation of women resulting from the
growing increase in poverty, and extreme poverty, which
has spread to more than
half the population, and which can have a disproportionately heavy impact on the
female population. Of special
concern are women heads of household who are
living in poverty and unemployed, with dependent children, and women from rural
areas,
indigenous populations and the most vulnerable sectors of the
population.

357. The Committee recommends that the State party should pay special,
ongoing attention to the situation of women and should take
the necessary
measures to prevent women, especially those from rural areas, indigenous
populations and the most vulnerable sectors
of the population, from bearing the
heaviest burden of the crisis. It also requests the State party to ensure that
the Programme
for unemployed heads of household with children under 18 or
disabled children includes a gender perspective in order that the few
resources
that are available for social allowances may be distributed without
discrimination.

358. The Committee is concerned at the precarious nature of women’s
employment, in particular the situation of unemployed women
in the informal
sector.

359. The Committee recommends that the State party should make all necessary
efforts to guarantee compliance with the labour legislation
and protect women
from the violation of their basic labour rights and from discriminatory
dismissals.

360. The Committee is concerned at the high maternal mortality rate and at
the fact that, with the increasing deterioration in health
services, women, in
particular those in situations of vulnerability, are losing their right to
comprehensive health care, in particular
as regards sexual and reproductive
health. The Committee is also concerned because, in this critical context, the
incidence of HIV/AIDS
is tending to increase, especially among women.

361. The Committee recommends that the State party should guarantee
women’s access to health services, including sexual and
reproductive
health services, and that it should adopt the necessary measures to reduce the
high maternal mortality rate. The Committee
recommends that the State party
should pay special attention to preventing and combating HIV/AIDS.

362. The Committee is concerned at the fact that the crisis has affected
access by women, particularly girls, to public education
because they lack the
resources needed either to begin or continue their studies.

363. The Committee recommends that the State party should make every possible
effort to guarantee access by girls to education under
conditions equal to those
of boys, with special attention to girls from the most vulnerable sectors.

364. The Committee is concerned that, although the State party has extensive
legislation in the area of prevention and treatment of
domestic violence, this
problem has worsened. The Committee is concerned that the crisis might increase
the risk of trafficking in
women and girls and their exploitation for purposes
of prostitution.

365. The Committee requests the State party to ensure that its Recommendation
No. 19 on violence against women is taken into account
and that all necessary
measures are taken to provide full protection to the victims, punish those
responsible and check the growing
trend towards violence against women. The
Committee requests the State party, especially, to evaluate the trafficking of
women and
girls and to strengthen domestic measures and, if necessary,
international measures in cooperation with other countries that are
countries of
origin, transit or destination for the exploitation of women and girls for
purposes of trafficking, in particular to
prevent the exploitation of
prostitution.

366. The Committee notes with concern the attempt to downgrade the National
Women’s Council and the lack of a formal strategy
for coordination of the
different State agencies.

367. The Committee notes the importance of continuity, autonomy management
and coordination of the national mechanism for the advancement
of women at this
time of crisis in the country and recommends that they should be
strengthened.

368. The Committee recommends that the State party should include and involve
women in the process of economic, financial, political
and social reconstruction
of the country.

369. The Committee requests that the present concluding comments be widely
disseminated in Argentina in order to inform the public,
in particular public
officials and politicians, of the measures taken to guarantee and to be adopted
to guarantee the de facto and
de jure equality of women and of the measures to
be adopted for that purpose.

Yemen

370. The Committee considered the fourth and fifth periodic reports of Yemen
(CEDAW/C/YEM/4 and CEDAW/C/YEM/5) at its 580th and 581st
meetings, on 14 August
2002 (see CEDAW/C/SR.580 and 581).

(a) Introduction by the State party

371. In introducing the reports, the representative of Yemen emphasized the
great progress made in the country since its unification
in 1990 through an
approach that allowed for democratic participation and freedom of expression as
well as the full participation
of civil society. The representative informed the
Committee that, from the moment Yemen acceded to the Convention in 1984, many
policies
had been introduced in order to enhance the status of women,
particularly in legal reforms. The Constitution of Yemen granted rights to all
citizens, without distinguishing them on the basis of sex. Many proposals had
been made by the National
Women’s Council with respect to legislative
changes, including the elimination of a provision in the Penal Code which gave
a
husband the right to kill his wife in cases of adultery. A Social Care Law had
been introduced which allowed single women and widows
to make full use of social
care programmes. In order to improve their standard of living, women received a
monthly stipend. Furthermore,
a revision of the Nationality Law to grant widowed
and divorced women the right to give their nationality to their foreign-born
children
was under consideration.

372. The representative informed the Committee that prostitution and
trafficking in women were prohibited under the Islamic law —
Sharia
— which provided the basis for all legislation in the country. She noted
that, despite the fact that the current electoral
law granted women and men the
same rights to vote, to be nominated for office and to be elected, many
traditions, especially in the
rural areas, where 75 per cent of the population
lived, limited women’s political participation. It was pointed out that,
no
more than 15 per cent of women participated in political parties. However,
some progress had been made recently. In the 2001 local
elections, for example,
125 women were nominated, of whom 35 elected. Women’s participation in the
Government had increased
and there was now one female minister and several
female deputy ministers. Women’s participation in trade unions continued
to be limited as women did not understand the significance of such work.

373. The representative informed the Committee that the National
Women’s Council, which had been established after the Fourth
World
Conference on Women in order to set policies and strategies for the development
of women in the fields including education
and health and on such issues as
violence against women, had been expanded in March 2002. The National
Women’s Council, headed
by the Prime Minister, worked in close cooperation
with non-governmental organizations and executives from departments active in
the field of women’s development. In addition, there were other
non-governmental mechanisms working for the advancement of
women. Most of them
concentrated their work in urban areas, despite the fact that the urgent need
for development was in rural areas.

374. The representative stressed that the education gap between boys and
girls continued to be very wide, with only 34 per cent of
girls attending
primary school. Many girls, especially in the rural areas, dropped out of school
in order to help their families
in the fields. Girls were also withdrawn from
schools because most were co-educational and parents opposed the mixing of the
sexes
in schools. The representative also stated that, owing to the persistence
of stereotypical gender roles, girls did not usually attend
vocational or
technical training courses. She noted that it was important to change
girls’ perception of that type of training
as it was very important for
the promotion of development in the country.

375. The representative informed the Committee that life expectancy was 64
years for women and 60 years for men. Fertility rate continued
to be very high:
5.8 in the cities and 7.4 in the rural areas. Less than 20 per cent of women
used family planning services. Maternal
and infant mortality was high due, inter
alia, to the fact that women were reluctant to visit health-care centres as most
doctors
were male. The representative also stated that female genital mutilation
is not a common practice in Yemen, and it is limited to
the coastal area of
Yemen. The Minister of Health had prohibited female genital mutilation in
government hospitals, and an awareness-raising
campaign on the dangers of female
genital mutilation had also been launched.

376. The representative stated that Yemen had a per capita income of $300 a
year and 23 per cent of the population lived below the
poverty line. In order to
combat poverty, different mechanisms and programmes, including the Social Fund
for Development and the
Fund for Microcredit, had been established, aimed at
providing income for poor women. The representative indicated that the work
of
women in agriculture was not valued and considered as part of a woman’s
reproductive role, with food being grown for family
needs rather than for market
purposes. In order to assist rural women who worked hard and had limited access
to health-care services
and education, a division catering specifically to their
needs had been set up in the Ministry of Agriculture. She added that it
was
hoped that the situation of rural women would improve through the implementation
of the 2002-2005 strategy to combat poverty.

377. The representative noted that laws related to social status still
discriminated against women, although most were taken from
Sharia, which
contained positive provisions for women, such as the right to inheritance and to
manage money. However, the National
Women’s Council, assisted by civil
society organizations, was working to bring about law reform. The representative
assured
the Committee that the National Women’s Council considered the
Convention as well as the Beijing Platform for Action as basic
tools for
improving the status of women, and had convened a symposium on the Convention
and would shortly be publishing a simplified
version of the treaty.

(b) Concluding comments of the Committee

Introduction

378. The Committee expresses its appreciation to the State party for
submitting its fourth and fifth periodic reports which are in
accordance with
the Committee’s guidelines for the preparation of periodic reports and
which were prepared in cooperation with
civil society. The Committee also
expresses appreciation for the written replies to the issues raised by the
pre-session working
group.

379. The Committee commends the State party for its delegation, headed by the
Deputy to the President of the National Women’s
Committee, and appreciates
the frank and constructive dialogue that took place between the delegation and
the members of the Committee,
which provided additional information on the
implementation of the Convention in Yemen.

Positive aspects

380. The Committee welcomes the State party’s commitment to
implementing the provisions of the Convention as reflected in a
range of
policies, plans and programmes.

381. The Committee welcomes the establishment of the National Women’s
Committee as the national machinery for the advancement
of women and gender
equality. It notes with appreciation the National Women’s
Committee’s ongoing review of discriminatory
legislation.

382. The Committee commends the appointment of a woman as Minister of State
for Human Rights and the appointment of women as judges
and prosecutors and to
the foreign service.

383. The Committee welcomes the State party’s ongoing cooperation with
women’s organizations in efforts to implement the
Convention
effectively.

Principal areas of concern and recommendations

384. The Committee is concerned at the existence of many discriminatory legal
provisions which contradict the Constitution and the Convention.

385. The Committee recalls the State party’s obligation to implement
the provisions of the Convention, particularly to ensure
that article 1 of the
Convention is fully reflected in the Constitution or other legislation. The
Committee also urges the State party to engage in and continue the process of
comprehensive legislative
review and reform to ensure that all laws are in
harmony with the Constitution and the Convention.

386. While acknowledging the statement made by the State party that education
is a cornerstone for development and a key element in
the improvement of the
status of women and the achievement of equality between women and men, the
Committee notes with concern the
high levels of illiteracy among women and
girls, particularly in rural areas, and the high rate at which girls drop out of
school.

387. The Committee calls upon the State party to strengthen its efforts to
eradicate female illiteracy, especially among girls, particularly
in rural
areas, and to take general as well as temporary special measures to ensure
primary and secondary education for girls and
lower the high dropout rate among
girls. The Committee recommends the introduction of measures to create an
environment that increases
the enrolment and retention rates of girls in schools
at all levels through increased training and employment of women teachers,
addressing parents’ concerns related to co-education and the setting of
precise targets and timetables to measure progress.

388. The Committee notes with concern that the persistence of patriarchal
stereotypes and discriminatory traditional cultural and
social norms,
particularly those relating to the role and responsibilities of women, impedes
progress in the implementation of the
Convention and the full enjoyment of
women’s human rights.

389. The Committee urges the State party to take measures to change
stereotypical attitudes and negative cultural norms about the
responsibilities
and roles of women and men and to design and implement awareness-raising
programmes directed at all levels of society.

390. The Committee expresses concern that several provisions of the Penal
Code discriminate against women. It notes in particular
article 232, which
provides that a husband or other male relative who kills his wife in relation to
adultery is not charged with
murder.

391. The Committee urges the Government to eliminate any discriminatory penal
provisions, and in particular article 232 as proposed
by the National
Women’s Committee, in line with the Convention and to ensure that
homicides committed against women by their
husbands or male relatives are
prosecuted and punished in the same way as other murders.

392. Noting the link between women’s subordination in the family and
their ability to participate fully at all levels of society,
the Committee is
concerned about discriminatory provisions in the Law of Personal Status, which
permits polygamy and sets differential
standards for women and men in marriage
and family life. The Committee is also concerned that the 1999 amendment to the
Law of Personal
Status has led to further discrimination against women in the
family by denying women the right to equality in marriage and divorce.

393. The Committee urges the State party to review existing legislation and
amend discriminatory provisions affecting women’s
rights within the family
in order to bring them into harmony with the Constitution and the Convention.
The Committee urges the State party to ensure that laws, policies and programmes
with regard to the family affirm
and incorporate the principle of equality and
partnership between women and men and the full realization of women’s
human rights.
The Committee also encourages the State party to obtain
information on comparative jurisprudence, where the link between Islamic
law has
been codified in legislative reforms and Court decisions.

394. The Committee is concerned about the high rate of early marriages, which
creates a serious health risk for girls and prevents
them from completing their
education.

395. The Committee urges the State party to take measures to raise the
minimum age of marriage for girls, in line with article 1 of
the Convention on
the Rights of the Child, which defines a child as being below the age of 18, and
the provision on child marriage
in article 16, paragraph 2, of the Convention on
the Elimination of All Forms of Discrimination against Women. The Committee
urges
the State party to develop awareness campaigns on the negative
implications of early marriage on the health and education of girls.

396. The Committee notes with concern the high maternal mortality rates.

397. The Committee recommends that the State party take urgent measures to
develop health programmes aimed at reducing the maternal
mortality rate and to
make contraceptives affordable and accessible.

398. The Committee is concerned about all forms of violence against women,
including domestic violence, sexual violence and female
genital mutilation, and
notes with concern the lack of information and systematic data on these matters.

399. The Committee recommends that the State party conduct research into the
extent of violence against women and girls and collect
data on all forms of
violence, including violence committed within the family. With regard to the
practice of female genital mutilation,
the Committee calls on the State party to
enhance its activities to eradicate this harmful, traditional practice,
especially through
awareness-raising campaigns. In the light of its general
recommendation 19, the Committee calls upon the State party to ensure that
all
forms of violence against women are prosecuted and punished adequately and that
victims have immediate access to redress and
protection. The Committee requests
the State party to ensure the full sensitization of law enforcement officials,
the judiciary and
the public on all forms of violence against women and
girls.

400. In view of the fact that rural women constitute the majority of women in
Yemen, the Committee notes with concern that the traditional
division of labour
in agricultural production disadvantages women and that, for cultural and social
reasons, women do not control
the means of production and face difficulties in
obtaining loans. The Committee is concerned that rural women have little or no
access
to health-care services.

401. The Committee urges the State party to take special measures to support
the integration of rural women in all sectoral policies
and programmes and to
eliminate discriminatory practices through awareness-raising and educational
programmes targeted at women and
men. The Committee also recommends the State
party to take urgent measures to increase rural women’s access to
health-care
services.

402. While welcoming the State party’s plans to ensure women’s
participation in the upcoming electoral registration process,
the Committee is
concerned about the low rate of registration of women as voters and their low
representation on electoral lists
and in political decision-making bodies.

403. The Committee requests the State party to take measures to increase the
political representation of women as voters and as candidates
at all levels. It
also calls upon the State party to explore the use of temporary special measures
in accordance with article 4,
paragraph 1, of the Convention, such as quotas, in
order to increase women’s access to decision-making positions. The
Committee
also suggests that the State party offer support and training
programmes to women leaders and candidates to future elections and
carry out
awareness-raising programmes on the importance of women’s participation in
political decision-making aimed at both
women and men and throughout the
society.

404. While acknowledging the economic difficulties faced by the State party,
the Committee notes the close connection between the
success of development
policies and the promotion of gender equality. The Committee considers that the
combined effects of high illiteracy
rates among women and girls, the high rate
of school dropouts and early marriage of girls, the high rate of child labour
among girls
and the low level of women’s political participation
negatively impact on the implementation of national development policies.

405. The Committee encourages the State party to ensure that measures to
achieve the goal of gender equality are fully integrated into
all national
development policies and programmes in line with the provisions of the
Convention and welcomes the National Women’s
Committee’s plan to
increase awareness of the human rights of women within the public at
large.

406. The Committee urges the State party to sign and ratify the Optional
Protocol to the Convention and invites the State party to accept
the amendment
to article 20, paragraph 1, of the Convention, concerning the meeting time of
the Committee.

407. Taking account of the gender dimension of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance and the Second World Assembly on Ageing), the Committee
requests the State party to include information on
the implementation of aspects
of these documents relating to relevant articles of the Convention in its next
periodic report.

408. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report
submitted under article 18 of the Convention. It also requests that the report
address the general recommendations of the
Committee and provide information on
the impact of legislation, policies and programmes to implement the
Convention.

409. The Committee requests the wide dissemination in Yemen of the present
concluding comments in order to make the people of Yemen, and
particularly
government administrators and politicians, aware of the steps that have been
taken to ensure de jure and de facto equality
for women and the future steps
required in that regard. It also requests the Government to continue to
disseminate widely, in particular
to women’s and human rights
organizations, the Convention and its Optional Protocol, the Committee’s
general recommendations,
the Beijing Declaration and Platform for Action, and
the results of the twenty-third special session of the General Assembly,
entitled
“Women 2000: gender equality, development and peace for the
twenty-first century”.

7. Fifth periodic report

Mexico

(a) Introduction by the State party

410. The Committee considered the fifth periodic report of Mexico
(CEDAW/C/MEX/5) at its 569th and 570th meetings, on 6 August 2002
(see
CEDAW/C/SR.569 and 570).

411. In introducing the fifth periodic report, the representative of Mexico
stated that her country had made significant progress
in the twenty years since
its ratification of the Convention on 3 September 1981 and that, since July
2000, Mexico had been in a
process of democratic transition following a change
of government. The head of the new government had articulated its political will
by describing support for progress for women as “an ethical responsibility
and a demand of democracy and justice”. Mexico
had amended the first
article of the Constitution to prohibit all forms of discrimination, including
on the grounds of gender, and had created the National Women’s Institute
(INMUJERES) with a mandate to foster, in society and its institutions, a culture
of gender equity.

412. Among the most important advances achieved by INMUJERES had been the
strengthening of institutions in matters of gender through
the creation of a
six-year work plan, the National Programme for Equality of Opportunities and
Non-discrimination against Women,
2001-2006 (PROEQUIDAD), which applied to all
sectors of the federal public administration. The Government had signed the
National
Agreement for Equality between Men and Women, by which the Cabinet and
the judicial and legislative branches of the federal Government
undertook to
comply with the general aims of PROEQUIDAD. Thirty laws dealing with
women’s political participation, sexual harassment,
social security,
social development, job discrimination and violence had been tabled. An
Inter-institutional Panel of Gender Liaisons
had been created to evaluate and
follow-up compliance by the executive with commitments on gender issues.
INMUJERES was creating
a gender indicators model to evaluate the living
conditions of women, the integration of a gender perspective in State
activities,
the position of women in decision-making bodies and their access to
justice and participation in its administration.

413. In relation to compliance with obligations under the Convention and
commitments in the Beijing Platform for Action, the Government
had, inter alia,
ratified the Optional Protocol to the Convention on 15 March 2002; designed and
implemented various programmes to
combat stereotypical gender roles; approved a
draft decree to amend the Federal Electoral Institutions and Procedures Code to
make
gender quotas obligatory in the next five federal election processes;
created a scholarship programme in the Ministry of Education
as an affirmative
action measure to bridge the gender gap in educational retention; established a
women and health programme in the
Ministry of Health; and created an integrated,
gender-sensitive poverty eradication policy known as CONTIGO (“with
you”)
guaranteeing a better quality of life for Mexicans.

414. Combating violence against women was one of the priorities of
PROEQUIDAD. INMUJERES had created an Institutional Panel to Coordinate
Preventive Action and Attention to Domestic Violence and Violence against Women,
which provided a national framework for coordinated
action against violence
against women. Within that framework, a National Programme for a Life Without
Violence 2002-2004 was currently
under discussion with civil society, and
legislation dealing with domestic violence had been passed in 15 states.
Specific programmes
to deal with domestic violence in 16 states had also been
created, as had various campaigns and national programmes against domestic
violence.

415. The Government was particularly concerned at the level of violence
against women in Ciudad Juárez in Chihuahua state.
A special commission
had been created to investigate the murders of women perpetrated in that region.
A panel to coordinate action
to prevent and eradicate violence, based on the
National Panel, had also been established with the objective of designing a plan
to restore the social fabric in Ciudad Juárez, and to improve the living
conditions of the children of women who had been
murdered, and of the
city’s residents as a whole.

416. The representative stated that several measures had been implemented to
eradicate traffic in women and prostitution of women
across the country. They
included the introduction of an inter-institutional action plan to prevent, give
attention to and eradicate
the commercial sexual exploitation of minors; the
creation of cybernetic police; the creation of an inter-institutional
coordination
body for the eradication of child pornography; amendments to the
Federal Criminal Code; and the approval of the Law for the Protection
of the
Rights of Children and Adolescents, and the ratification of Agreement 182 of the
International Labour Organization.

417. The representative noted that the Government had made an enormous effort
to build a new relationship between Mexico’s indigenous
population, the
State and society as a whole. The National Programme for the Development of
Indigenous Peoples had been designed.
A constitutional amendment to the
Indigenous Plan recognizing the disadvantaged social and economic conditions of
the indigenous
peoples had also been introduced, but it was currently being
challenged in the Supreme Court. Within the framework of the Inter-sectoral
Programme for Attention to Indigenous Women, INMUJERES had signed an
inter-institutional agreement with the Representative Office
for the Development
of Indigenous Peoples and the National Indigenist Institute under which various
projects were being carried out.

418. As part of the Government’s efforts to form new alliances with
civil society, the representative indicated that INMUJERES,
in collaboration
with civil society, had created the Agenda for Permanent Dialogue between the
Institute, Federal Government Departments
and Non-Governmental Organizations,
Universities and Research Centres. The representative added that, within the
framework of the
Mechanism for Dialogue with Civil Society Organizations for the
Defence of Human Rights, created by the Ministry of Foreign Affairs,
INMUJERES
would coordinate a panel on women’s rights and compliance with the
Convention.

419. In concluding, the representative assured the Committee that the
Government recognized that much remained to be done in ensuring
and sustaining
progress and empowerment of women. Challenges which faced the current
administration included: improving the administration
of justice and solving the
crimes committed against the women of Ciudad Juárez; bringing Mexican
judicial decision-making
in line with the international treaties and agreements
signed and ratified by the Government of Mexico concerning the defence,
protection
and promotion of women’s rights; incorporating a gender
perspective into public spending and budgeting; promoting affirmative
action for
women in the regulation of credit institutions; modernizing labour legislation
to ensure the fullest possible social security
coverage for working mothers in
all sectors and geographical regions of the country; promoting compensation
programmes to allow women
to have equal access to job opportunities,
particularly in the formal economy; ensuring access to health and education
services for
rural and indigenous women and those residing in poorer
municipalities; and fostering changes in sexist and discriminatory attitudes,
values and practices.

(b) Concluding comments of the Committee

Introduction

420. The Committee expresses its appreciation to the State party for the
creative way in which its fifth periodic report was presented,
in accordance
with the Committee’s guidelines for the preparation of reports, and for
its frank oral report. The Committee
also commends the State party for providing
full replies to the questions formulated in writing by the Committee.

421. The Committee also commends the State party for having sent a large,
high-level delegation, headed by the president of INMUJERES
and including
representatives of different government agencies, legislators from various
political parties, researchers and non-governmental
organizations.

Positive aspects

422. The Committee welcomes the State party’s ratification on 15 March
2002 of the Optional Protocol to the Convention on the
Elimination of All Forms
of Discrimination against Women and its acceptance of the amendment to article
20, paragraph 1, of the Convention.

423. The Committee notes with satisfaction the constitutional reform carried
out on 14 August 2001 which incorporated a special prohibition
against
discrimination based on sex into Mexican law.

424. The Committee welcomes the establishment in law in January 2001 of the
National Women’s Institute (INMUJERES), constituted
as an autonomous,
decentralized national mechanism with ministerial rank, its own budget and a
cross-sectoral impact on all government
institutions, thereby mainstreaming a
gender perspective within national policy. The Committee also notes with
satisfaction the
cross-sectoral design of the National Programme for Equality of
Opportunities and Non-discrimination against Women, 2001-2006 (PROEQUIDAD)
as
the linchpin of national policy on gender.

425. The Committee appreciates the effort made by the State party to bridge
the gap between girls and boys in terms of school retention
and promotion,
particularly through the National Programme of Scholarships for Higher
Education.

426. The Committee commends the State for putting into effect in its
cooperation programme with INMUJERES the initiative put forward
by the United
Nations Development Fund for Women (UNIFEM) of establishing an interactive
monitoring system for the Convention on
the Elimination of All Forms of
Discrimination against Women as a mechanism for monitoring and exchanges of
information on the reports
submitted to the Committee by Latin American and
Caribbean States parties to the Convention.

Principal areas of concern and recommendations

427. Although the Committee takes note of the reforms, legislative
initiatives, plans and programmes that are being carried out, it
is especially
concerned at the lack of evaluation of the various programmes put in place and
their specific impact on women.

428. The Committee urges the State party to pay special attention to
promoting the implementation and evaluation of policies at the country’s
three levels of government, particularly in municipalities, and to the
establishment of a specific timetable for monitoring and evaluating
the progress
achieved in compliance with the obligations under the Convention.

429. The Committee expresses its concern at the fact that no instances are
mentioned in which the Convention has been invoked before
the courts and the
lack of a compilation of judicial decisions in this regard.

430. The Committee calls on the State party to undertake dissemination,
education and awareness-raising campaigns on the provisions of
the Convention
aimed at society as a whole, particularly officials responsible for the
administration and protection of justice and
especially Mexican women, in order
to make them aware of their rights in the judicial arena at the national and
state levels.

431. While noting that the problem of violence is regarded as one of the
priority areas of PROEQUIDAD and that major reforms have
been enacted to the
Penal Code, the Committee expresses great concern at violence against women in
Mexico, including domestic violence,
which continues to go unpunished in several
states.

432. The Committee requests the State party to take into account its
Recommendation No. 19 on violence against women and take the steps
required to
ensure that the law provides appropriate penalties for all forms of violence
against women and that appropriate procedures
exist for investigating and
prosecuting such offences. It recommends that the State party promote the
enactment of federal and state
laws, as appropriate, to criminalize and punish
domestic violence and the perpetrators thereof, and take steps to ensure that
women
victims of such violence can obtain reparation and immediate protection,
particularly by establishing 24-hour telephone hotlines,
increasing the number
of shelters and conducting zero-tolerance campaigns on violence against women,
in order that it may be recognized
as an unacceptable social and moral problem.
The Committee also considers it especially important that steps be taken to
train health-care
workers, police officers and staff of special
prosecutors’ offices in human rights and dealing with violence against
women.

433. The Committee is concerned that while the State party has implemented
poverty reduction strategies, poverty constitutes a serious
obstacle to
enjoyment of rights by women, who make up the majority of the most vulnerable
sectors, especially in rural and indigenous
areas.

434. The Committee calls on the State party to give priority to women in
its poverty eradication strategy, with special attention to women
in rural and
indigenous areas; in this context, measures and specific programmes should be
adopted to ensure that women fully enjoy
their rights on an equal footing in the
areas of education, employment and health, with special emphasis on joint work
with non-governmental
organizations and on women’s participation not only
as beneficiaries, but also as agents of change in the development
process.

435. The Committee notes with great concern the problems of exploitation of
prostitution, child pornography, and trafficking of women
and girls in Mexico
and the lack of sex-disaggregated statistics on the incidence and growth of
these phenomena.

436. The Committee encourages the State party to take steps to combat
trafficking of women and girls and the exploitation of prostitution,
both
outside and inside the country, and to compile and systematize sex-disaggregated
data in order to formulate a broad strategy
for putting an end to such degrading
practices and punishing their perpetrators.

437. In view of the growing number of Mexican women emigrating to other
countries in search of greater job opportunities, the Committee
is concerned
that this may make them especially vulnerable to situations of exploitation or
trafficking.

438. The Committee urges the State party to focus on the causes of that
phenomenon by adopting measures to alleviate poverty and strengthen
and promote
the economic input of women, as well as fully guarantee the recognition and
exercise of their rights. The Committee further
encourages the State party to
seek bilateral and multilateral agreements with the receiving countries.

439. The Committee expresses great concern at the incidents in Ciudad
Juárez and at the continuing murders and disappearances
of women. It is
especially concerned at the apparent lack of results of the investigations into
the causes of the numerous murders
of women and the failure to identify and
bring to justice the perpetrators of such crimes with a view to protecting women
against
this type of violence.

440. The Committee calls on the State party to promote and accelerate
compliance with Recommendation No. 44/98 of the Mexican National
Human Rights
Commission in relation to the investigation and punishment of the Ciudad
Juárez murders. The Committee also calls
on the State party to protect
women from such violations of their human right to personal safety.

441. The Committee expresses its concern about the poor conditions of
employment of Mexican women, particularly the wage discrimination,
the vertical
and horizontal segregation to which they are exposed and the inadequate social
benefits they receive. The Committee
is especially concerned about women working
in the informal sector, including domestic workers, and those employed in the
maquila
industry whose basic labour rights are not respected; in particular, the
Committee is concerned about the pregnancy test demanded
by employers which
exposes women to the risk of being let go or fired in the event that it proves
positive.

442. The Committee recommends that the State party speed up the adoption
of the reforms that must be made in the Labour Act, including
the prohibition of
discrimination against women, in an effort to ensure their participation in the
labour market on a footing of
genuine equality with men. It also urges the State
party to give effect to the labour rights of women in all sectors. To that end,
it recommends that the State party strengthen and promote the role of INMUJERES
in negotiating the Labour Act so as to give special
attention to the needs of
women workers and to implement the principle of equal pay for work of equal
value and prohibit the requirement
of a pregnancy test for maquiladora
workers.

443. The Committee expresses its concern about the small percentage of women
in high-level posts in all activities, namely political,
legislative, trade
union and educational.

444. The Committee recommends the adoption of strategies for increasing
the number of women in decision-making posts at all levels, particularly
in the
municipalities, by taking temporary special measures as specified in article 4,
paragraph l, of the Convention; it recommends
further that the State party
strengthen its efforts to promote women to management positions in the public
and private sectors through
special training programmes and sensitivity
campaigns stressing the importance of women’s participation in
decision-making
at all levels.

445. The Committee notes with concern the high maternal mortality rate,
particularly as a result of abortions among adolescents and
the inadequate
education, dissemination, accessibility and supply of contraceptive devices
especially to poor women in rural and
urban areas and to adolescents. The
Committee further notes with concern the increase in HIV/AIDS, mostly among
adolescent girls.

446. The Committee recommends that the State party consider the situation
of the adolescent population as a matter of priority and urges
it to adopt
measures guaranteeing access to reproductive and sexual health services with
attention to the information needs of adolescents;
it recommends further that it
implement programmes and policies to increase the knowledge of the various
contraceptive methods and
their availability on the understanding that family
planning is the responsibility of both partners. It further urges the State
party
to promote sex education for adolescents with particular attention to the
prevention and elimination of HIV/AIDS.

447. The Committee notes the lack of sufficient data disaggregated by sex in
many of the areas covered by the fifth report, notwithstanding
that it is the
Committee’s understanding that the Mexican National Census is based on
statistics disaggregated by sex.

448. The Committee recommends that data disaggregated by sex should be
compiled and urges the State party to include relevant statistics
indicating the
evolving impact of the programmes.

449. The Committee notes with concern that the minimum legal age of marriage,
which is set at 16 in most of the states, is very young
and not the same for
girls and boys.

450. The Committee recommends that the law be revised by raising the
minimum legal age of marriage in order to bring it into line with
the provisions
of the Convention on the Elimination of All Forms of Discrimination against
Women and the Convention on the Rights
of the Child and make it equally
applicable to girls and boys.

451. The Committee requests the State party, in its next periodic report
required under article 18 of the Convention, to respond to the
specific
questions raised in these concluding comments.

452. Taking into account the gender dimension of declarations, programmes
and platforms of action adopted by relevant United Nations conferences,
summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation of the
Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the special
session of the General Assembly on children (the
twenty-seventh special session), the World Conference against Racism, Racial
Discrimination,
Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party to include information
on the
implementation of aspects of these documents relating to relevant articles of
the Convention in its next periodic report.

453. The Committee requests the State party to widely disseminate these
concluding comments, in order to inform the Mexican population,
especially
public officials and politicians, of the steps that have been taken to ensure de
jure and de facto equality of women and
of other measures that need to be taken
to that end. It also requests the State party to continue to disseminate widely,
especially
among women’s and human rights groups, the Convention and its
Optional Protocol, the General Recommendations of the Committee,
the Beijing
Declaration and Platform for Action and the outcome of the twenty-third special
session of the General Assembly, entitled
“Women 2000: gender equality,
development and peace for the twenty-first century”.

Peru

454. The Committee considered the fifth periodic report of Peru
(CEDAW/C/PER/5) at its 583rd and 584th meetings, held on 15 August
2002 (see
CEDAW/C/SR.583 and 584).

(a) Introduction by State party

455. In introducing the fifth periodic report, the representative of Peru
noted the following significant changes that had occurred
during the period
covered by the reports: the large number of norms, policies and mechanisms
adopted relating to discrimination against
women and the special interest paid
to women’s political participation through the establishment of 30 per
cent quotas in an
effort to include a minimum number of women or men on
candidate lists for the National Congress.

456. With regard to legislation, the representative of Peru referred to the
ratification of the Optional Protocol to the Convention
of 9 April 2001 and
other international human rights instruments and to the legislation on the civil
rights of adolescents adopted
in 1999, which corrected the discriminatory
difference in the legal age for marriage, the Educational Development of Rural
Girls
and Adolescents Act, promulgated in 2001, aimed at eliminating
discrimination in the area of education with special attention to
rural areas,
the Act granting compulsory health insurance to women in grass-roots social
organizations, a police directive on avoiding
sexual harassment which
establishes a procedure for administrative sanctions when such cases arise
within the National Police and
the Law relating to Educational Policy in the
Area of Human Rights, which establishes a national plan for the human rights
dissemination
and education.

457. The representative of Peru also mentioned, in the area of civil
legislation, the adoption of an act establishing new grounds
for divorce and an
act withdrawing the possibility of conciliation procedures in cases of domestic
violence, and said that the Act
on Equality of Opportunity, the act setting
forth criminal penalties for sexual harassment and the act withdrawing the
possibility
of conciliation in cases of domestic violence were currently under
debate.

458. With regard to new mechanisms, the representative of Peru stressed the
importance of the establishment of the Ministry of Women
and Social Development,
whose mandate was to promote gender equality and equality of opportunity,
principally for adult women of
full age, children, adolescents and other social
groups suffering discrimination or exclusion, as well as the establishment and
upgrading
of the post of Deputy Public Defender for Women’s Rights of the
Office of the Public Defender. In this context, she also referred
to the
establishment of an agency for combating discrimination against policewomen and
the Commission on Women of the Congress of
the Republic, in addition to various
cross-sectoral and inter-institutional bodies working on coordination and
cooperation for the
advancement of women’s rights.

459. With regard to policies recently instituted, the representative of Peru
referred to the signing in July 2002, by the different
political forces in the
country, of the Governance Agreement, which contains 29 concerted State policies
for the next 20 years; the
eleventh policy, supported by the Ministry of Women
and Social Development, refers explicitly to the promotion of equal
opportunities
without discrimination. The representative also noted the adoption
of numerous plans, including the 2002-2007 National Plan of Action
against
violence towards women, the National Plan of Action for Children and
Adolescents, which was intended to be a framework document
for actions,
programmes and strategies which the different sectors and institutions of
government and civil society would be responsible
for implementing to ensure the
human rights of Peruvian children and adolescents and the 2000-2006 National
Plan for Adults of Full
Age, which contains special measures for adult women of
full age and takes their conditions and gender needs into account in the
framework of a proposal for healthy ageing.

460. The representative of Peru went on to inform the Committee of the
promulgation in February 2000 of the National Equal Opportunity
Plan for Women
and Men 2000-2005, in response to international commitments accepted by the
Peruvian State, the coordination, follow-up
and evaluation of which was under
the responsibility of the Ministry of Women and Social Development. She also
referred to the inter-ministerial
commitment for the Advancement of Women,
signed by the heads of the various ministries on International Women’s
Day, 8 March,
in order to help achieve equality of opportunity for women.

461. The representative of Peru then listed a series of programmes conducted,
including the National Programme against Family Violence
and Sexual Abuse, the
National Wawa Wasi Programme which provided comprehensive day care for children
under three years of age whose
mothers worked, the national PRO JOVEN programme
of the Ministry of Labour and Promotion of Employment, which in 1996 began to
dispense
vocational training to young men and women with special emphasis on
disabled youth and women with family responsibilities, PROFECE,
a female
employment consolidation programme, BONOPYME, which focused on businesses with
fewer than 20 workers, in which most of the
small and microscale businesses were
run by women, and, lastly, the literacy programme, which was transferred to the
Ministry of
Education in 2002, which had a total of 44,200 women beneficiaries
in 2002.

462. In conclusion, she listed various diagnostic and other studies carried
out to gain a full appreciation of the various problems
affecting Peruvian women
and, on that basis, undertake policy design and implementation, including a
diagnostic study on the situation
of rural women and gender and racial
stereotypes.

(b) Concluding comments of the Committee

Introduction

463. The Committee expresses appreciation to the State party for its fifth
periodic report, which followed the Committee’s guidelines
on the
preparation of reports, as well as for the frank and open oral presentation
given by the State party. The Committee also commends
the breadth of the replies
to the written questions put by the Committee to the State party, which provided
additional information
on the status of implementation of the Convention in
Peru.

464. The Committee commends the State party for having sent the delegation
headed by the Adviser for Gender Affairs and Human Rights
in the Ministry of
Women and Social Development.

Positive aspects

465. The Committee congratulates the State party on the ratification of the
Optional Protocol to the Convention on the Elimination
of All Forms of
Discrimination against Women on 9 April 2001 and on the conduct of campaigns to
publicize its content.

466. The Committee commends the State party on the efforts made to implement
the Convention through the formulation and adoption of
numerous programmes,
laws, plans and policies for the advancement of women, including the Educational
Development of Rural Girls
and Adolescents Act promulgated in 2001, the
2002-2006 National Plan for Adults of Full Age, which contains special measures
for
adult women of full age, the 2002-2007 National Plan of Action against
violence towards women and the National Programme against
Family Violence and
Sexual Abuse created in April 2001.

467. The Committee welcomes the strengthening of national machinery, in
particular the creation of the Ministry of Women and Social
Development, and the
upgrading of the post of Deputy Defender for Women’s Rights.

468. The Committee commends the State party for the establishment of norms
envisaging a minimum quota of 30 per cent for women on
candidate lists for the
National Congress, which resulted in an increase in the participation of women
in decision-making at the
municipal level and in their representation in
Congress.

469. The Committee notes with satisfaction the inclusion of the promotion of
equal opportunities without discrimination in the “Governance
Agreement”, which contains 29 concerted State policies for the next 20
years.

Principal areas of concern and recommendations

470. Although the Committee welcomes the creation of the Ministry of Women
and Social Development with responsibility for overseeing
fulfilment of the
international commitments concerning women’s rights, it is concerned to
note that the Ministry does not play
its rightful role as guiding and normative
agency for the formulation and development of policies and programmes to promote
equality,
or have a large enough budget. It is also concerned that the Ministry
does not have an explicit mandate enabling it to guarantee
and require the
various sectors of government to promote plans and programmes geared to gender
equality.

471. The Committee encourages the State party to strengthen the role of
the Ministry of Women and Social Development as a guiding and normative
body,
with an adequate budget, and to give it the necessary funding for the
formulation and development of policies and programmes
geared to gender
equality. The Committee also recommends that the State party should give the
Ministry greater authority within the
framework of the State institutions to
ensure effective gender mainstreaming in all sectors of government and to
promote gender equality.

472. The Committee is concerned that, although the report states that the
National Equal Opportunity Plan for Women and Men 2000-2005
remains in force,
the Plan lacks a strategic vision designed to achieve fundamental changes in the
status and position of women and
that policies have not been proposed to the
State for the promotion of equality and gender mainstreaming in the various
sectors of
government.

473. The Committee recommends that the process of review and consultation
should continue for the elaboration of a new plan, including
civil society and
in particular women’s organizations, with a view to its prompt approval
scheduled for 2002.

474. Although there is a new poverty relief strategy for 2001-2006, the
Committee is concerned about the lack of poverty eradication
programmes geared
specifically to the female population.

475. The Committee recommends that the State party include a gender
perspective in poverty eradication strategies and programmes and, when
appropriate, introduce temporary special measures, in conformity with article 4,
paragraph 1, of the Convention, with a view to eradicating
poverty among women,
especially rural women.

476. The Committee is concerned that, although there is an Act for
prevention, protection and attention to violence in the family
and another Act
requiring public criminal proceedings in cases of crimes against sexual freedom,
as well as a National Programme
against Family Violence and Sexual Abuse, the
figures for violence towards women are still very high. The Committee is
concerned
that there is no centralized register for sex crimes, that proper
attention has not been given to sexual abuse and that incest has
not been
characterized as a specific offence. Moreover, the Committee is concerned about
the lack of specific legislation to combat
sexual harassment.

477. The Committee requests the State party to take into account General
Recommendation No. 19 on violence towards women, and to guarantee
systematic
implementation of the National Programme of Action and of all the laws and
measures relating to violence towards women
and to monitor their impact. The
Committee also urges the State party to guarantee that such violence will be
prosecuted and punished
with due speed and severity and to ensure that women
subjected to such violence receive compensation and immediate protection and
that the conciliation procedure envisaged in the law on family violence is not
used to exonerate the perpetrators. The Committee
recommends that the State
party should conduct campaigns to increase awareness, including zero-tolerance
campaigns, with the aim
of making violence towards women socially and morally
unacceptable. The Committee recommends that the State party should reinforce
measures to guarantee that public officials — in particular the judiciary,
health sector workers, police and social workers
— are alert to all types
of violence towards women. The Committee also recommends that the State party
should collect specific
data on all types of violence against women. The
Committee requests the State party to categorize incest as a specific crime
under
the Penal Code and to promulgate specific legislation to combat sexual
harassment.

478. The Committee notes with concern that gender-based discrimination
persists in the labour market, including limited and low-level
job access for
women and their reduced access to resources and new technologies. The Committee
is also concerned about wage discrimination
and vertical and horizontal
segregation. The Committee is concerned at the precarious conditions of women
working in the informal
sector and at part-time work, who have no labour
protection, no access to social security and no due respect for their labour
rights.
It is also of concern to the Committee that legislation preventing
discrimination in employment appears to be based on criminal penalties
only and
that appropriate civil remedies do not exist.

479. The Committee recommends that the necessary measures should be taken
to guarantee implementation of the provisions of article 11 of
the Convention
and application of the International Labour Organization Conventions, in
particular those on non-discrimination in
employment and equal remuneration for
women and men. The Committee recommends that measures should be taken to
eliminate occupational
segregation, in particular through education and
training.

480. The Committee is concerned that, although progress is observed in the
composition of Congress and in local government, as a result
of the provisions
adopted, the participation of women in Congress, in the judicial area and at the
country’s senior levels
of politics and administration still seems
inadequate.

481. The Committee recommends that strategies should be adopted to
increase the number of women involved in decision-making at all levels,
through
the adoption of temporary special measures in accordance with article 4,
paragraph 1, of the Convention, and that the State
party should strengthen its
activities to promote women to posts of responsibility in both the public and
private sectors, with special
training programmes and publicity campaigns on the
importance of women’s participation in development planning and
decision-making.

482. The Committee is concerned about the situation of women’s health
and particularly their reproductive health. The Committee
is especially
concerned about the disappearance of the Women, Health and Development
Programme. The Committee notes with concern
the high maternal mortality rate and
particularly mortality resulting from illegal abortions, including among
adolescents, and the
requirements that may prevent women from obtaining medical
treatment in abortion cases. The Committee is also concerned about the
inadequacy of sex education and the limited dissemination, availability and
supply of all contraceptive methods, particularly among
indigenous women and in
the most vulnerable sectors of the population, as well as among adolescents. The
Committee notes with concern
that the rate of HIV/AIDS infection among women is
increasing, particularly among young women.

483. The Committee urges the State party to consider the possibility of
reviving the Women, Health and Development Programme. The Committee
recommends
that the State party should give priority to the situation of the adolescent
population and also urges it to adopt measures
to strengthen the family planning
programme and to guarantee access to sexual and reproductive health services,
attending to the
information needs of the population, particularly adolescents,
by pursuing programmes and policies geared to increasing knowledge
about various
contraceptive methods and their availability, on the understanding that family
planning is the responsibility of both
partners. It also urges the State party
to promote sex education for the entire population, including adolescents,
giving special
attention to efforts to prevent and combat HIV/AIDS and to
improve the dissemination of information about risks and ways of
transmission.

484. The Committee notes with concern that, in the period covered by the
report, mention is made of numerous cases of sterilization
of women without
prior informed consent, using psychological violence or the promise of financial
incentives, thus affecting women’s
right to decide the number and spacing
of their children. The Committee is also concerned that, although the Deputy
Defender for
Women’s Rights and other organs have condemned these
practices, those responsible have not been punished.

485. The Committee recommends that all necessary measures should be taken
to continue to provide the service of surgical sterilization
so as to give women
the right of free choice as regards their reproductive health, after they have
been duly informed of the medical
details and consequences of the operation and
have given their consent. The Committee also recommends that a recurrence of
these
incidents should be avoided in the future. It further recommends that
efforts should be continued to bring before the courts the
persons responsible
for this violation of the right to health.

486. The Committee is concerned about the dearth of information on the
treatment of women and girls and the exploitation of prostitution.

487. The Committee requests the State party to include information and
data in its next report on steps taken to prevent and combat trafficking
in
women and girls and the exploitation of prostitution, and on steps taken to
protect and, where applicable, rehabilitate and reintegrate
women and girls who
are victims of these abuses. The Committee urges the State party to apply the
laws prohibiting the exploitation
of the prostitution of women.

488. The Committee notes with concern that the minimum age at which a girl
can legally contract matrimony — 16 years, and in
exceptional cases 14
years — is very young, resulting in serious risks to girls’ health
and preventing them from completing
their education.

489. The Committee urges the State party to take measures to raise the
minimum legal age for girls to contract matrimony in order to bring
it into line
with article 1 of the Convention on the Rights of the Child, which defines a
“child” as anyone under the
age of 18 years, and with article 16,
paragraph 2, of the Convention on the Elimination of All Forms of Discrimination
against Women.
The Committee urges the State party to conduct awareness-raising
campaigns on the negative implications of early marriage for the
health and
education of girls.

490. Despite the reduction in the general illiteracy rate, the Committee
expresses its concern at the high rate of illiteracy in the
female population,
especially in rural areas. Another matter of concern to the Committee is the
high number of school dropouts among
girls and adolescents in rural areas.

491. The Committee requests the State party to set up programmes specially
designed to reduce female illiteracy, in particular among women
and girls in
rural areas, and to keep girls in school.

492. The Committee is concerned at the persistence of traditional stereotypes
associated with women’s and men’s roles
and responsibilities in the
family and in society in general.

493. The Committee requests the State party to design and implement
comprehensive educational programmes and to urge the communications
media to
help modify cultural patterns of conduct in the publicizing and planning of
entertainment in relation to women’s and
men’s roles and
responsibilities, in accordance with article 5 of the Convention. The Committee
also recommends that policies
should be developed and programmes implemented to
ensure the elimination of stereotypes associated with traditional roles in the
family, workplace, politics and society in general.

494. Although the Committee recognizes that the State party is taking action
in the Amazon region, through the National Institute
for Family Well-Being,
primarily for children and adolescents living in situations of risk or
abandonment, it is concerned that there
are no specific programmes for
indigenous women.

495. The Committee recommends that the State party should strengthen the
current programme and set up specific programmes for indigenous
women in order
to improve their economic, social and family situation and develop their
economic skills, and to promote respect for
their rights on an equal footing
with men.

496. The Committee is concerned at the lack of data in the reports on the
emigration of women and girls, in order that their rights
may be ensured on an
equal footing with those of men.

497. The Committee requests the Government to include data in its next
report on the emigration of women and girls and on the measures
the State is
adopting to ensure their protection.

498. The Committee is concerned that the report does not contain sufficient
information on the situation of women belonging to minority
groups, in
particular women of African descent.

499. The Committee requests the State party to provide information in its
next periodic report on the situation of women belonging to minority
groups,
especially on the situation of women of African descent in terms of health,
education and employment.

500. The Committee requests the State party to respond to the specific
concerns expressed in these concluding comments in its next
periodic report, in
accordance with article 18 of the Convention. The Committee urges the State
party to deposit, as soon as possible,
its instrument of acceptance of the
amendment to article 20, paragraph 1, of the Convention on the Committee’s
meeting time.

501. Taking into account the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations
conferences, summits
and special sessions (such as the special session of the General Assembly to
review and appraise the implementation
of the Programme of Action of the
International Conference on Population and Development (the twenty-first special
session), the
special session of the General Assembly on children (the
twenty-seventh special session), the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party
to include information on the
implementation of aspects of these documents relating to relevant articles of
the Convention in its
next periodic report.

502. The Committee requests the State party to widely disseminate these
concluding comments, in order to inform the Peruvian population,
especially
public officials and politicians, of the steps that have been taken to ensure de
jure and de facto equality of women and
of other measures that need to be taken
to that end. It also requests the State party to continue to disseminate widely,
especially
among women’s and human rights groups, the Convention and its
Optional Protocol, the General Recommendations of the Committee,
the Beijing
Declaration and Platform for Action and the outcome of the twenty-third special
session of the General Assembly, entitled
“Women 2000: gender equality,
development and peace for the twenty-first century”.

Chapter V

Implementation of article 21 of the Convention

503. The Committee considered agenda item 5, on the implementation of article
21 of the Convention, at its 568th meeting, on 5 August
2002.

504. The item was introduced by the Chief of the Women’s Rights Section
of the Division for the Advancement of Women, Department
of Economic and Social
Affairs of the United Nations Secretariat, who drew attention to a note by the
Secretary-General on the reports
of specialized agencies (CEDAW/C/2002/EXC/3)
and the reports of specialized agencies on the implementation of the Convention
in areas
falling within the scope of their activities (CEDAW/C/2002/EXC/Add.1, 3
and 4).

Chapter VI

Adoption of the report

505. The Committee considered the draft report on its exceptional session
(CEDAW/C/2002/EXC/CRP.3 and Add.1-10) at its 588th meeting
(see CEDAW/C/SR.588)
and adopted it, as orally revised during the discussion.

Annex I

States parties to the Convention on the Elimination of

All Forms of Discrimination against Women, as at

15 September 2002

States parties

Date of receipt of the instrument of ratification or accession (a),
succession (b)

Date of entry into force

Albania

11 May 1994a

10 June 1994

Algeria

22 May 1996a

21 June 1996

Andorra

15 January 1997a

14 February 1997

Angola

17 September 1986a

17 October 1986

Antigua and Barbuda

1 August 1989a

31 August 1989

Argentina

15 July 1985

14 August 1985

Armenia

13 September 1993a

13 October 1993

Australia

28 July 1983

27 August 1983

Austria

31 March 1982

30 April 1982

Azerbaijan

10 July 1995a

9 August 1995

Bahamas

8 October 1993a

7 November 1993

Bahrain

18 June 2002a

18 July 2002

Bangladesh

6 November 1984a

6 December 1984

Barbados

16 October 1980

3 September 1981

Belarus

4 February 1981

3 September 1981

Belgium

10 July 1985

9 August 1985

Belize

16 May 1990

15 June 1990

Benin

12 March 1992

11 April 1992

Bhutan

31 August 1981

30 September 1981

Bolivia

8 June 1990

8 July 1990

Bosnia and Herzegovina

1 September 1993b

1 October 1993

Botswana

13 August 1996a

12 September 1996

Brazil

1 February 1984

2 March 1984

Bulgaria

8 February 1982c

10 March 1982

Burkina Faso

14 October 1987a

13 November 1987

Burundi

8 January 1992

7 February 1992

Cambodia

15 October 1992a

14 November 1992

Cameroon

23 August 1994

22 September 1994

Canada

10 December 1981

9 January 1982

Cape Verde

5 December 1980a

3 September 1981

Central African Republic

21 June 1991a

21 July 1991

Chad

9 June 1995a

9 July 1995

Chile

7 December 1989

6 January 1990

China

4 November 1980b

3 September 1981

Colombia

19 January 1982

18 February 1982

Comoros

31 October 1994a

30 November 1994

Congo

26 July 1982

25 August 1982

Costa Rica

4 April 1986

4 May 1986

Côte d’Ivoire

18 December 1995

17 January 1996

Croatia

9 September 1992b

9 October 1992

Cuba

17 July 1980

3 September 1981

Cyprus

23 July 1985a

22 August 1985

Czech Republicc

22 February 1993b

24 March 1993

Democratic People’s Republic of Korea

27 February 2001a

29 April 2001

Democratic Republic of the Congod

17 October 1986

16 November 1986

Denmark

21 April 1983

21 May 1983

Djibouti

2 December 1998a

1 January 1999

Dominica

15 September 1980

15 October 1980

Dominican Republic

2 September 1982

2 October 1982

Ecuador

9 November 1981

9 December 1981

Egypt

18 September 1981

18 October 1981

El Salvador

19 August 1981

18 September 1981

Equatorial Guinea

23 October 1984a

22 November 1984

Eritrea

5 September 1995a

5 October 1995

Estonia

21 October 1991a

20 November 1991

Ethiopia

10 September 1981

10 October 1981

Fiji

28 August 1995a

27 September 1995

Finland

4 September 1986

4 October 1986

France

14 December 1983

13 January 1984

Gabon

21 January 1983

20 February 1983

Gambia

16 April 1993

16 May 1993

Georgia

26 October 1994a

25 November 1994

Germanye

10 July 1985

9 August 1985

Ghana

2 January 1986

1 February 1986

Greece

7 June 1983

7 July 1983

Grenada

30 August 1990

29 September 1990

Guatemala

12 August 1982

11 September 1982

Guinea

9 August 1982

8 September 1982

Guinea-Bissau

23 August 1985

22 September 1985

Guyana

17 July 1980

3 September 1981

Haiti

20 July 1981

3 September 1981

Honduras

3 March 1983

2 April 1983

Hungary

22 December 1980

3 September 1981

Iceland

18 June 1985

18 July 1985

India

9 July 1993

8 August 1993

Indonesia

13 September 1984

13 October 1984

Iraq

13 August 1986a

12 September 1986

Ireland

23 December 1985a

22 January 1986

Israel

3 October 1991

2 November 1991

Italy

10 June 1985

10 July 1985

Jamaica

19 October 1984

18 November 1984

Japan

25 June 1985

25 July 1985

Jordan

1 July 1992

31 July 1992

Kazakhstan

26 August 1998a

25 September 1998

Kenya

9 March 1984a

8 April 1984

Kuwait

2 September 1994a

2 October 1994

Kyrgyzstan

10 February 1997a

12 March 1997

Lao People’s Democratic Republic

14 August 1981

13 September 1981

Latvia

14 April 1992a

14 May 1992

Lebanon

16 April 1997a

16 May 1997

Lesotho

22 August 1995

21 September 1995

Liberia

17 July 1984a

16 August 1984

Libyan Arab Jamahiriya

16 May 1989a

15 June 1989

Liechtenstein

22 December 1995a

21 January 1996

Lithuania

18 January 1994a

17 February 1994

Luxembourg

2 February 1989

4 March 1989

Madagascar

17 March 1989

16 April 1989

Malawi

12 March 1987a

11 April 1987

Malaysia

5 July 1995a

4 August 1995

Maldives

1 July 1993a

31 July 1993

Mali

10 September 1985

10 October 1985

Malta

8 March 1991a

7 April 1991

Mauritania

10 May 2001a

9 June 2001

Mauritius

9 July 1984a

8 August 1984

Mexico

23 March 1981

3 September 1981

Mongolia

20 July 1981

3 September 1981

Morocco

21 June 1993a

21 July 1993

Mozambique

21 April 1997a

21 May 1997

Myanmar

22 July 1997a

21 August 1997

Namibia

23 November 1992a

23 December 1992

Nepal

22 April 1991

22 May 1991

Netherlands

23 July 1991

22 August 1991

New Zealand

10 January 1985

9 February 1985

Nicaragua

27 October 1981

26 November 1981

Niger

8 October 1999a

7 November 1999

Nigeria

13 June 1985

13 July 1985

Norway

21 May 1981

3 September 1981

Pakistan

12 March 1996a

11 April 1996

Panama

29 October 1981

28 November 1981

Papua New Guinea

12 January 1995a

11 February 1995

Paraguay

6 April 1987a

6 May 1987

Peru

13 September 1982

13 October 1982

Philippines

5 August 1981

4 September 1981

Poland

30 July 1980

3 September 1981

Portugal

30 July 1980

3 September 1981

Republic of Korea

27 December 1984

26 January 1985

Republic of Moldova

1 July 1994a

31 July 1994

Romania

7 January 1982

6 February 1982

Russian Federation

23 January 1981

3 September 1981

Rwanda

2 March 1981

3 September 1981

Saint Kitts and Nevis

25 April 1985a

25 May 1985

Saint Lucia

8 October 1982a

7 November 1982

Saint Vincent and the Grenadines

4 August 1981a

3 September 1981

Samoa

25 September 1992a

25 October 1992

Saudi Arabia

7 September 2000

7 October 2000

Senegal

5 February 1985

7 March 1985

Seychelles

5 May 1992a

4 June 1992

Sierra Leone

11 November 1988

11 December 1988

Singapore

5 October 1995a

4 November 1995

Slovakia

28 May 1993a

27 June 1993

Slovenia

6 July 1992b

5 August 1992

Solomon Islands

6 May 2002a

South Africa

15 December 1995

14 January 1996

Spain

5 January 1984

4 February 1984

Sri Lanka

5 October 1981

4 November 1981

Suriname

1 March 1993a

31 March 1993

Sweden

2 July 1980

3 September 1981

Switzerland

27 March 1997

26 April 1997

Tajikistan

26 October 1993a

25 November 1993

Thailand

9 August 1985a

8 September 1985

The former Yugoslav Republic of Macedonia

18 January 1994b

17 February 1994

Togo

26 September 1983a

26 October 1983

Trinidad and Tobago

12 January 1990

11 February 1990

Tunisia

20 September 1985

20 October 1985

Turkey

20 December 1985a

19 January 1986

Turkmenistan

1 May 1997a

31 May 1997

Tuvalu

6 October 1999a

5 November 1999

Uganda

22 July 1985

21 August 1985

Ukraine

12 March 1981

3 September 1981

United Kingdom of Great Britain and Northern Ireland

7 April 1986

7 May 1986

United Republic of Tanzania

20 August 1985

19 September 1985

Uruguay

9 October 1981

8 November 1981

Uzbekistan

19 July 1995a

18 August 1995

Vanuatu

8 September 1995a

8 October 1995

Venezuela

2 May 1983

1 June 1983

Viet Nam

17 February 1982

19 March 1982

Yemenf

30 May 1984a

29 June 1984

Yugoslavia

12 March 2001b

11 April 2001

Zambia

21 June 1985

21 July 1985

Zimbabwe

13 May 1991a

12 June 1991

a Ratification, accession.

b Succession.

c Before becoming separate States on 1 January 1993, the Czech
Republic and Slovakia formed part of Czechoslovakia which had ratified
the
Convention on 16 February 1982.

d Effective 17 May 1997, Zaire was renamed Democratic Republic of
the Congo.

e With effect from 3 October 1990, the German Democratic Republic
(which ratified the Convention on 9 July 1980) and the Federal Republic
of
Germany (which ratified the Convention on 10 July 1985) united to form one
sovereign State, which acts in the United Nations under
the designation
Germany.

f On 22 May 1990, Democratic Yemen and Yemen merged to form a
single State, which acts in the United Nations under the designation
Yemen.

Annex II

States parties which have deposited with the

Secretary-General instruments of acceptance of

the amendment to article 20, paragraph 1, of the Convention

States parties

Acceptance date

Australia

4 June 1998

Austria

11 September 2000

Brazil

5 March 1997

Canada

3 November 1997

Chile

8 May 1998

China

10 July 2002

Cyprus

30 July 2002

Denmark

12 March 1996

Egypt

2 August 2001

Finland

18 March 1996

France

8 August 1997

Germany

25 February 2002

Guatemala

3 June 1999

Iceland

8 May 2002

Italy

31 May 1996

Jordan

11 January 2002

Lesotho

12 November 2001

Liechtenstein

15 April 1997

Madagascar

19 July 1996

Maldives

7 February 2002

Mali

20 June 2002

Malta

5 March 1997

Mexico

16 September 1996

Mongolia

19 December 1997

Netherlandsa

10 December 1997

New Zealand

26 September 1996

Niger

1 May 2002

Norway

29 March 1996

Panama

5 November 1996

Portugal

8 January 2002

Republic of Korea

12 August 1996

Sweden

17 July 1996

Switzerland

2 December 1997

Turkey

9 December 1999

United Kingdom of Great Britain and

Northern Irelandb

19 November 1997

a For the Kingdom in Europe, the Netherlands Antilles and
Aruba.

b For the United Kingdom of Great Britain and Northern Ireland,
the Isle of Man, the British Virgin Islands, and the Turks and Caicos
Islands.

Annex III

States parties which have signed, ratified or acceded to the Optional
Protocol to the Convention

States parties

Date signed

Ratification, accessiona

1. Andorra

9 July 2001

2. Argentina

28 February 2000

3. Austria

10 December 1999

6 September 2000

4. Azerbaijan

6 June 2000

1 June 2001

5. Bangladesh

6 September 2000

6 September 2000

6. Belarus

29 April 2002

7. Belgium

10 December 1999

8. Benin

25 May 2000

9. Bolivia

10 December 1999

27 September 2000

10. Bosnia and Herzegovina

7 September 2000

4 September 2002

11. Brazil

13 March 2001

28 June 2002

12. Bulgaria

6 June 2000

13. Burkina Faso

16 November 2001

14. Burundi

13 November 2001

15. Cambodia

11 November 2001

16. Chile

10 December 1999

17. Colombia

10 December 1999

18. Costa Rica

10 December 1999

20 September 2001

19. Croatia

5 June 2000

7 March 2001

20. Cuba

17 March 2000

21. Cyprus

8 February 2001

26 April 2002

22. Czech Republic

10 December 1999

26 February 2001

23. Denmark

10 December 1999

31 May 2000

24. Dominican Republic

14 March 2000

10 August 2001

25. Ecuador

10 December 1999

5 February 2002

26. El Salvador

4 April 2001

27. Finland

10 December 1999

29 December 2000

28. France

10 December 1999

9 June 2000

29. Georgia

1 August 2002a

30. Germany

10 December 1999

15 January 2002

31. Ghana

24 February 2000

32. Greece

10 December 1999

24 January 2002

33. Guatemala

7 September 2000

9 may 2002

34. Guinea-Bissau

12 September 2000

35. Hungary

22 December 2000a

36. Iceland

10 December 1999

6 March 2001

37. Indonesia

28 February 2000

38. Ireland

7 September 2000

7 September 2000

39. Italy

10 December 1999

22 September 2000

40. Kazakhstan

6 September 2000

24 August 2001

41. Kyrgyzstan

22 July 2002a

42. Lesotho

6 September 2000

43. Liechtenstein

10 December 1999

24 October 2001

44. Lithuania

8 September 2000

45. Luxembourg

10 December 1999

46. Madagascar

7 September 2000

47. Malawi

7 September 2000

48. Mali

5 December 2000a

49. Mauritius

11 November 2001

50. Mexico

10 December 1999

15 March 2002

51. Mongolia

7 September 2000

28 March 2002

52. Namibia

19 May 2000

26 May 2000

53. Nepal

18 December 2001

54. Netherlands1

10 December 1999

22 May 2002

55. New Zealand2

7 September 2000

7 September 2000

56. Nigeria

8 September 2000

57. Norway

10 December 1999

5 March 2002

58. Panama

9 June 2000

9 May 2001

59. Paraguay

28 December 1999

14 May 2001

60. Peru

22 December 2000

9 April 2001

61. Philippines

21 March 2000

62. Portugal

16 February 2000

26 April 2002

63. Romania

6 September 2000

64. Russian Federation

8 May 2001

65. Sao Tome and Principe

6 September 2000

66. Senegal

10 December 1999

26 May 2000

67. Seychelles

22 July 2002

68. Sierra Leone

8 September 2000

69. Slovakia

5 June 2000

17 November 2000

70. Slovenia

10 December 1999

71. Solomon Islands

6 May 2002a

72. Spain

14 March 2000

6 July 2001

73. Sweden

10 December 1999

74. Tajikistan

7 September 2000

75. Thailand

14 June 2000

14 June 2000

76. The former Yugoslav Republic of Macedonia

3 April 2000

77. Turkey

8 September 2000

78. Ukraine

7 September 2000

79. Uruguay

9 May 2000

26 July 2001

80. Venezuela

17 March 2000

13 May 2002

1 For the Kingdom in Europe and the Netherlands Antilles and
Aruba.

2 With a declaration to the effect that “consistent with
the constitutional status of Tokelau and taking into account its commitment
to
the development of self-government through an act of self-determination under
the Charter of the United Nations, this ratification
shall not extend to Tokelau
unless and until a Declaration to this effect is lodged by the Government of New
Zealand with the depositary
on the basis of appropriate consultation with that
territory”.

Annex IV

Membership of the Committee on the Elimination of Discrimination against
Women

Name of member

Country of nationality

Charlotte Abaka*

Ghana

Ayse Feride Acar**

Turkey

Sjamsiah Achmad**

Indonesia

Emna Aouij*

Tunisia

Ivanka Corti*

Italy

Feng Cui*

China

Naela Gabr*

Egypt

Françoise Gaspard**

France

Yolanda Ferrer Gómez**

Cuba

Aída González Martínez**

Mexico

Savitri Goonesekere*

Sri Lanka

Rosalyn Hazelle*

Saint Kitts and Nevis

Christine Kapalata**

Tanzania

Fatima Kwaku**

Nigeria

Rosario Manalo*

Philippines

Göran Melander**

Sweden

Mavivi Myakayaka-Manzini*

South Africa

Frances Livingstone Raday*

Israel

Zelmira Regazzoli*

Argentina

Fumiko Saiga*

Japan

Hanna Beate Schöpp-Schilling**

Germany

Heisoo Shin**

Republic of Korea

Maria Regina Tavares da Silva**

Portugal

* Term of office expires in 2002.

** Term of office expires in 2004.

Annex V

Revised reporting guidelines

(For the text of the revised reporting guidelines, see part II, annex)

Annex VI

Documents before the Committee at its twenty-sixth,

twenty-seventh and exceptional sessions

Document number

Title or description

A. Twenty-sixth session

CEDAW/C/2002/I/1

Annotated provisional agenda

CEDAW/C/2002/I/2

Report of the Secretary-General on the status of submission of reports by
States parties under article 18 of the Convention

CEDAW/C/2002/I/3

Note by the Secretary-General on reports provided by specialized agencies
on the implementation of the Convention in areas falling
within the scope of
their activities

CEDAW/C/2002/2/3/Add.1

Report of the Food and Agriculture Organization of the United Nations

CEDAW/C/2002/I/3/Add.2

Report of the World Health Organization

CEDAW/C/2002/I/3/Add.3

Report of the United Nations Educational, Scientific and Cultural
Organization

CEDAW/C/2002/I/3/Add.4

Report of the International Labour Organization

CEDAW/C/2002/I/4

Report of the Secretariat on ways and means of expediting the work of the
Committee

Reports of States parties

CEDAW/C/FJI/1

Initial report of the Republic of Fiji

CEDAW/C/EST/1-3

Combined initial, second and third periodic report of Estonia

CEDAW/C/TTO/1-3

Combined initial, second and third periodic report of Trinidad and
Tobago

CEDAW/C/URY/2-3

Combined second and third periodic report of Uruguay

CEDAW/C/ICE/3-4

Combined third and fourth periodic report of Iceland

CEDAW/C/LKA/3-4

Combined third and fourth periodic report of Sri Lanka

CEDAW/C/PRT/4 and

CEDAW/C/PRT/5

Fourth and fifth periodic reports of Portugal

CEDAW/C/USR/5

Fifth periodic report of the Russian Federation

B. Twenty-seventh session

CEDAW/C/2002/II/1

Annotated provisional agenda

CEDAW/C/2002/II/2

Report of the Secretary-General on the status of submission of reports by
States parties under article 18 of the Convention

CEDAW/C/2002/II/3

Note by the Secretary-General on reports provided by specialized agencies
on the implementation of the Convention in areas falling
within the scope of
their activities

CEDAW/C/2002/II/3/Add.1

Report of the Food and Agriculture Organization of the United Nations

CEDAW/C/2002/II/3/Add.2

Report of the World Health Organization

CEDAW/C/2002/II/3/Add.3

Report of the United Nations Educational, Scientific and Cultural
Organization

CEDAW/C/2002/II/3/Add.4

Report of the International Labour Organization

CEDAW/C/2002/II/4

Report of the Secretariat on ways and means of improving the work of the
Committee

Reports of States parties

CEDAW/C/SUR/1-2

Combined initial and second periodic report of Suriname

CEDAW/C/KNA/1-4

Combined initial, second, third and fourth periodic report of Saint Kitts
and Nevis

CEDAW/C/BEL/3-4

Combined third and fourth periodic report of Belgium

CEDAW/C/TUN/3-4

Combined third and fourth periodic report of Tunisia

CEDAW/C/ZAM/3-4

Combined third and fourth periodic report of Zambia

CEDAW/C/UKR/4-5 and

CEDAW/C/UKR/4-5/Corr.1

Combined fourth and fifth periodic report of Ukraine

CEDAW/C/DEN/4,

CEDAW/C/DEN/5,

CEDAW/C/DEN/5/Corr.1 and

CEDAW/C/DEN/5/Add.1

Fourth and fifth periodic reports of Denmark

C. Exceptional session

CEDAW/C/2002/EXC/1

Annotated provisional agenda

CEDAW/C/2002/EXC/3

Note by the Secretary-General on reports provided by specialized agencies
on the implementation of the Convention in areas falling
within the scope of
their activities

CEDAW/C/2002/EXC/Add.1

Report of the Food and Agriculture Organization of the United Nations

CEDAW/C/2002/EXC/3/Add.2

Report of the World Health Organization

CEDAW/C/2002/EXC/3/Add.3

Report of the United Nations Educational, Scientific and Cultural
Organization

CEDAW/C/2002/EXC/3/Add.4

Report of the International Labour Organization

CEDAW/C/2002/EXC/4

Report of the Secretariat on ways and means of improving the work of the
Committee

Reports of States parties

CEDAW/C/ARM/2

Second periodic report of Armenia

CEDAW/C/CZE/2

Second periodic report of the Czech Republic

CEDAW/C/UGA/3

Third periodic report of Uganda

CEDAW/C/GUA/3-4 and CEDAW/C/GUA/5

Combined third and fourth periodic reports and fifth periodic report of
Guatemala

CEDAW/C/BAR/4

Fourth periodic report of Barbados

CEDAW/C/GRC/4-5

Combined fourth and fifth periodic report of Greece

CEDAW/C/HUN/4-5

Combined fourth and fifth periodic report of Hungary

CEDAW/C/ARG/4 and CEDAW/C/ARG/5

Fourth and fifth periodic reports of Argentina

CEDAW/C/YEM/4 and CEDAW/C/YEM/5

Fourth and fifth periodic reports of Yemen

CEDAW/C/MEX/5

Fifth periodic report of Mexico

CEDAW/C/PER/5

Fifth periodic report of Peru

Annex VII

Status of submission and consideration of reports submitted by States
parties under article 18 of the Convention on the Elimination
of All Forms of
Discrimination against Women, as at 15 September 2002